RSUA has today expressed broad support for provisions proposed by the Architects Registration Board (ARB) as part of its public consultation on new investigation rules intended to improve the efficiency of disciplinary investigations into complaints against architects.
Consultation detail
ARB sets the rules for disciplinary investigations concerning architects alleged to have engaged in unacceptable professional conduct or serious professional incompetence.
If an architect is found to have a case to answer by the Investigation Panel (IP), the allegation must be referred to the Professional Conduct Committee (PCC) for it to decide whether the architect is liable.
“Case to answer” stage
RSUA is content with ARB’s proposal to reduce the IP from three Case Examiners (CEs) to two (one lay member and one architect).
As the new Rules require a third CE to be introduced in the absence of a majority decision, we request that this person be appointed based on expertise relevant to the case in question to support credible decision-making.
While appreciating ARB’s intention to shorten decision times, RSUA would recommend a more measured approach than removing the IP’s issuance of preliminary decisions altogether.
Our concern is that ARB could risk reducing procedural fairness by removing the existing requirement to invite comments from the parties.
Review mechanisms
If the IP does not refer a case to the PCC and the complainant appeals the decision, the new Rules provide that a request for review must be made to an internal ARB Registrar, who will then lead the review, rather than the previous third-party review arrangement.
RSUA is concerned that moving to an internal Registrar-led review process could reduce the perceived independence of the system and would suggest consideration be given to routine independent oversight to help maintain confidence.
In cases where the Registrar reaches a decision on a review that is not supported by the CEs, it may be useful for ARB to refer the disagreement to a formal arbitration process. Such a process is not currently provided for in the new Rules.
Further engagement
Our full response can be accessed here.
If you have any questions or comments about this response, please contact Curtis Large, RSUA Policy and Public Affairs Officer, at curtis@rsua.org.uk
