ILEX conduct and complaints

Introduction to ILEX complaints

All ILEX members are governed by the ILEX Code of Conduct, breach of which will be investigated on accordance with the ILEX complaint handling rules. The ILEX Articles of Association (see ILEX Web site for further details) provide for the establishment of Disciplinary Bodies who have power to consider and determine complaints and who may decide that a member should be excluded or suspended from membership or be fined, reprimanded or admonished. They may also order that payments be made by way of compensation or in respect of costs.

ILEX Complaint Process

Where a complaint is made to ILEX they will appoint an investigating practitioner or officer to deal with the complaint. The person investigating will then send a copy of the complaint to the member for their response and may also contact the member’s employer to raise enquiries. Having gathered the information together a summary will be sent to the ILEX Investigating Committee who having considered the matter may:

• admonish, reprimand or warn a member
• require a member to give an undertaking as to his future conduct
• request further information
• reject the complaint; or
• if it is a serious matter, refer it to ILEX’s Disciplinary Tribunal.

The member will be informed of the decision within seven working days. He or she will then have 21 days in which to appeal against the decision unless the matter has been referred to the ILEX Disciplinary Tribunal. Such appeal is heard by the Appeals Committee which may:

• confirm the decision,
• vary the decision, or
• refer the matter back to the Investigating Committee for further consideration.

Referral to the ILEX Disciplinary Tribunal

If a matter is referred to the ILEX Disciplinary Tribunal then the member will be provided with full details of the case against them and will be entitled both to attend the hearing and to be represented should they wish to be. The complainant will be informed and may be required to attend the hearing as a witness. The matter will be heard by two independent ‘lay’ representatives and a member of the ILEX Council and will decide ifthe case has been proved and, if so the disciplinary action which should ensue.

The Tribunal has a number of powers, including:

• to exclude the member from membership of ILEX,
• to admonish or reprimand the member,
• order a fine up to ?3000,
• order that costs be paid to the Institute, and
• order that compensation be paid to the complainant.

The decision of the Tribunal may also be published if the Tribunal deems that it is appropriate to do so.

The member has a right of appeal to the Appeals Tribunal who may affirm or vary the Disciplinary Tribunal’s findings.

ILEX Rules, regulations and forms

The rules and regulations in relation to all ILEX investigations, disciplinary boards and appeals can be found on the ILEX web site in the section Complaints Rules. In addition the rules themselves, there will also be found the various forms for use in connection with a complaint.