The BAHMA is not liable for any costs engaged by either the complainant or the practitioner.
The Disciplinary Committee undertakes to investigate the following types of complaint:
1. Written complaints from a patient of a registered practicing member;
2. Allegations that the BAHMA’s Codes of Practice have been found to be in breach by any complainant;
3. Complaints made to BAHMA from other Society members.
Practitioners are obliged to immediately report any complaint or criminal conviction made against them to the Society as well as informing the insurance company which provides cover for their professional practice.
Disciplinary committee powers
The committee is entitled to issue a formal warning to a member practitioner informing of its intention to investigate a complaint made against him/her. The committee may also suspend the practitioner from membership of BAHMA whilst an investigation is ongoing.
The Registrar of BAHMA will remove any practitioner from the membership register if they are found to have seriously contravened the BAHMA’s Codes of Practice. All members have the right to present an appeal to BAHMA’s appeal panel within 28 days of the decision being delivered to the member practitioner who has been the object of a complaint.
BAHMA reserves the right to take any appropriate action which has been decided by majority decision of the committee and can result in temporary or permanent suspension from the time of commencing or even prior to an investigation. Should the allegation brought against the member practitioner be of a potential criminal or sexual nature then BAHMA may also inform the police for further investigation if judged necessary.
The Appeal Panel consists of 2 Society practitioner members and 1 lay non practitioner panel member all of whom were not sitting on the disciplinary committee when the original complaint was registered.
The appeal panel’s recommendations are final.
Complaints must be made in writing to the disciplinary committee and provide the following details: complainant’s name address and contact details, details of the complaint, name of the practitioner involved, dates, times and location of any incidents, documentary and supporting evidence as well as any witness statements with their contact details.
Only complaints which concern the professional conduct of a full BAHMA member who, at the time of the complaint, were administering treatments are within the disciplinary committee’s jurisdiction.
Complaints must be in connection with incidents which took place within the last 3 years.
Practitioners who find themselves under investigation further to a complaint must allow the disciplinary committee and the appeals panel access to the relevant patient’s records.
Complaints can only refer to member practitioners whose alleged misconduct happened during treatments and/or with potential patients seeking treatment from the practitioner within their professional capacity.
Records of all disciplinary committee cases are archived by the committee in case of any future breaches.
Any complaints received by BAHMA members are to be immediately reported to the complaints committee.
Complaints must have satisfactory grounds and evidence and file their report within the jurisdiction of the Disciplinary committee. The complainant will then be informed in writing within 14 days of receipt of the committee’s opinion and whether they judge the complaint to be of a sufficiently serious nature to warrant further investigation. .
If the complaint is substantiated the practitioner and the complainant will be informed in writing within 5 working days of the decision.
BAHMA commits to promptly reacting to all complaints made against members and to organise a hearing within 21 days once the complaint has been judged to have merit.
The disciplinary committee will ensure that both parties have copies of all submitted evidence and are also able to consider accepting oral and written evidence. The committee reserves the right to include any new evidence which has arisen since the onset of the committees enquiries within the limit of six months from the date of the original Committee’s decision.
Practitioners found to be in breach of the BAHMA’s Codes of Practice shall be informed in writing within 2 weeks of the findings and recommendations of the Committee.
The complainant and the practitioner are entitled to each be accompanied by a person deemed relevant by the committee to speak on their behalf.
Appeal criteria requires that evidence be produced to show that the original Disciplinary committee recommendations were either erroneous in nature or were the result of absence of vital information.
Appeals can be made to the BAHMA’s registrar within 28 days of the date of the original Disciplinary committee’s report.
Appeals are to be made in writing and contain all information relating to the new evidence which supports the appeal.
The BAHMA’s Registrar will then judge whether the new evidence conforms with appeal criteria, the subsequent decision being final. All parties will be informed in writing within 5 working days of the final decision of the occurrence or not of an appeal hearing.
The Appeal Panel will inform the complainant and practitioner of the time, date and venue of the
Appeal hearing. By token of the same letter, all parties will receive copies of any new written evidence or details of evidence to be considered.
Both parties are allowed to be accompanied by a representative to provide support them or even speak on their behalf. No other participants will be allowed apart from direct witnesses of the incident.
The Appeal Panel will make its decision after listening to the oral evidence provided during the Appeal hearing along with any new submitted written evidence. The Appeal Panel will then contact the Complainant and Practitioner within 28 days of the hearing to inform them of their findings and final decision.