Complaints Procedure
Definitions:
Member and Client Member = Individual, Affiliate, Associate Member, Organisational Member, Corporate Member
Client/Complainant = Coach, Trainee Coach, Coach Mentor/Supervisor, Coaching Service Providers, Coach Training Provider Sponsor
1. Background
The Association for Coaching is committed to maintaining professional standards. To this end the Complaints Procedure sets out to provide protection to the public and a mechanism for protecting the name of the Association for Coaching and the profession of Coaching.
2. Responsibilities
Members are required to ensure that client know they adhere to complaints procedure. It is the responsibility of the Coach, Coaching Service Providers, Coach Supervisor and Training Provider covering Coach and the Complainant to understand both the code of ethics and the Complaints Procedure. Association for Coaching Individual or Organisational Members are required to understand and are aware of ensure that any client who is unhappy about the service they have received knows about the Association’s Complaints Procedure and Code of Ethics and Good Practice and that further information about the process can be obtained by contacting members@associationforcoaching.com directly.
3. Administration
The Association for Coaching is not responsible for any expenses incurred by either party or any supporting parties. The Association for Coaching may hear a complaint made against an Individual member or an Organisational Member even if another professional body is considering the case. The client and Individual Member or Organisational Member are both expected to try all reasonable courses of action to resolve the situation before making representation to the Association for Coaching. The Association for Coaching will distribute/publish the outcomes against an Individual member or Organisational Member where the complaint has been upheld.
4. Complaints Procedure
Making a Complaint
a) The complaint is deemed to be a breach of a clause of the Association for Coaching’s Code of Ethics or demonstrating behaviour which is deemed to be prejudicial to the Association or to the services which the Association represents.
b) The complaint may be made by a client or by an Individual member or Organisational Member of the Association against another.
c) The person and/or organisation concerned must be named and be a member of the Association at the time of the complaint being made.
d) The Complaint must be outlined in writing within the AC Complaints Form.
Complaints that do not meet the criteria above will not be heard.
Actioning a Complaint
a) The AC Individual member or Organisational Member will be notified that a complaint has been received
b) The initial complaint will be dealt with by an AC Advisory Panel Member, Chair and one Council Member (or nominated representative/s) and where appropriate one Senior Coach that is representing the model/discipline/niche in question and it is at this stage that the complaint will either be rejected, deferred so that further information can be obtained or accepted and referred on to the Complaints Committee and the client and AC Individual Member or Organisational Member will be informed accordingly.
c) The AC Member will receive full details of the complaint.
d) All correspondence and information received will be provided to all relevant parties.
e) Hearings will take place in or near to the Association’s Headquarters
f) The Client and Individual Member or Organisational Member may bring a support person to any meeting and members of the Complaints Committee must openly declare any areas where a conflict of interests may be present
g) All paperwork (i.e. correspondence, witness statements etc) must be received not less than 30 days prior to the date of any hearing. The Chair of the Complaints Committee will decide whether any legal advice need to be sought from the Association’s legal advisers. It will be up to the Chair of the Complaints Committee to decide whether new evidence can be accepted on the day of the hearing.
h) Any party may call upon a witness and the names of such parties are to be with the Chair of the Complaints Committee 30 days prior to the date of any hearing. Any member of the Complaints Committee, the AC Individual Member or Organisational Member being complained against or the Client may question witnesses.
i) If either the AC Individual Member or Organisational Member or the Client fails to attend the Hearing the Chair has the right to continue with the case in the absence of one of the relevant parties, terminate the hearing or adjourn and reset the meeting for a date no later than 30 days from the day of the original hearing.
Outcomes
a) The outcome of the Hearing will be notified in writing to all relevant parties within 30 days of the date the Hearing took place. b) Sanctions will be clearly stated and the AC Individual Member or Organisational Member against whom the sanction has been made can apply for it to be lifted when the conditions have been met and the Chair of the Complaints Committee will seek evidence of compliance. The AC Individual Member or Organisational Member will be informed in writing of the lifting of the sanction and details will also be placed in the Association’s Journal. Appeals a) An independent person will be appointed by the Chair of the Association to consider the Appeal.
b) If the Appeal is upheld, turned down or if there is insufficient evidence the AC Individual Member or Organisational Member will receive notification in writing.
c) Appeals will be considered if new evidence of a significant nature becomes available that would have changed the decision of the Complaints Committee had it been available at the time of the hearing. Alternatively, appeals will also be considered where the sanction is deemed unfairly harsh in relation to the event.
d) Appeals must be made in writing to the Chair of the Association within 30 days of notification of the original decision and are required to clearly outline the grounds on which the appeal is being made.
e) The Appeals Panel will be appointed by the Chair of the Association and will comprise of four people who were not part of the original hearing. The same rules that applied to the original hearing will also apply to the Appeals Committee.
f) The Chair of the Appeals Committee will inform the Chair of the Association of the decision and it is the Association’s Chair who will take the appropriate action. The decision will be made in writing within 21 days of the Appeals hearing.
5. Professional Misconduct
Professional Misconduct applies to an Individual member or Organisational Member of the Association who has contravened the ethical standards that are expected of any member of the Coaching profession. Misconduct applies where an Individual member or Organisational Member of the Association is deemed to have failed to adhere to the code of ethics and good practice. Serious Professional Misconduct applies where an Individual member or Organisational Member of the Association has behaved in such a way that it is deemed that suspension and/or termination of membership is necessary.
Association has behaved in such a way that it is deemed that suspension and/or termination of membership is necessary.
6. Professional Malpractice
The term Professional Malpractice will be used where an Individual member or Organisational Member of the Association’s professional behaviour falls below the minimum standards as outlined in the AC competency framework. For example through incompetence and/or negligence.
7. Bring the Coaching Profession into Disrepute
A an Individual member or Organisational Member may be deemed as bringing the Profession into disrepute where he or she acts in such a way that could be deemed as undermining the public’s confidence in the coaching profession.
May 2012
