We handle cases where architects are being investigated by their regulatory body, the Architects Registration Board (ARB)
The Regulatory Process
The disciplinary process that has been adopted by the ARB is as follows:-
- Review - when the ARB receives a complaint, it will first determine whether it is a complaint that it can deal with. If it can deal with the complaint, then it will send a copy of the complaint to the architect for their comments. Upon receipt of those comments and any further comments from the complainant in respect of the architects response, the ARB will determine whether the matter requires further investigation. If not, then the matter ends there. However, should it find that the issue does warrant further investigation, then the matter will be transferred to its Investigations Panel
- Investigations Panel - a formal investigation will be carried out by the Investigations Panel, who will carry out an inquiry to determine whether there is sufficient evidence that the architect has a case to answer in relation to possible unacceptable professional misconduct or serious professional incompetence or both. The panel will be made up of an architect and 2 members of the public, and they will either dismiss the complaint, provide advice to the architect in relation to their future conduct, or refer the matter to the Professional Conduct Committee should they find that the architect has a case to answer.
- A hearing before the Professional Conduct Committee - a solicitor will prepare a report, and a hearing will then take place. The case will by heard by a panel of 3 made up of an architect, a solicitor, and a member of the public. The architect has the option of being represented, and of submitting and giving evidence in their defence. At the end of the hearing, the panel will then determine on the balance of probabilities, whether the architect is guilty of unacceptable professional conduct or serious professional incompetence or both. If guilty, then the panel may impose a penalty.
- Penalties - should the panel decide to impose a penalty, then the range of penalties it can impose are as follows: a formal warning/reprimand, a fine of up to £5,000.00, suspension from the Register of Architects for up to 2 years, or permanent removal from the Register.
- Appeal - the architect can appeal against any penalty imposed within 28 days to the High Court.
Internal Disciplinary Proceedings
We also assist and represent architects where they are the subject of internal disciplinary proceedings by their employer
What To Do If Regulatory Proceedings Are Commenced Against You
Should internal disciplinary proceedings or ARB regulatory proceedings be commenced against you, then please either telephone us on 0333 301 0700, or complete the questionnaire on the top right hand side of this page.