Notification of Sanction
The Chair of the Disciplinary Panel shall also produce a concise note for posting on the Association’s website which identifies the allegation made, nature of the breach of the Code found, save for health-related breaches, the Member responsible and any sanction applied.
The note shall remain posted for 18 months, save where the sanction is:
- a restriction on practice, in which case the note shall remain posted for the period of the restriction or 18 months, whichever is the longer;
- a suspension, in which case the note shall remain posted for 18 months or six months after the suspension has lapsed, whichever is the longer; or
- an expulsion, which shall remain posted for 10 years.
The Ethical Practice Group Chair/Lead may write to any employer of the Member identifying the Member and supplying the information contained in the concise note once it is published on the Association’s website.
Members under sanction
Ms Nicole Brodie has been found in breach of the of the Association’s Professional Code of Practice, specifically in relation to:
- Para 1.4.1. of the code (understand how discrimination, prejudice and bias operate {including unconscious bias})
- Para 1.4.2. of the code (constructively reflect on their own actions and assumptions.)
- Para 1.4.5. of the code (make any adjustments that are legally required to avoid disadvantages that relate to disability and positively consider what further steps should be taken to advance equality of opportunity and foster good relations between people with different protected characteristics; and take action to address unfair discrimination, prejudice and bias based on other individual characteristics, such as culture or socio-economic status.)
The Disciplinary Panel of the ACP’s Ethical Practice Group have imposed the following sanction:
The Member should undertake to receive supervision, according to specific arrangements and reporting as set out in the Disciplinary Hearing outcome letter and subject to confirmation of satisfactory practice by supervisors;
Members interim sanction
There are currently no interim sanction members.
Expelled Members
Concerns were brought to the attention of the ACP about serious failures on Dr Daniel O’Shea’s part to
(i) Respect the professional boundaries between him as a therapist, a former patient and a patient
(ii) the way he communicated and his actions during the ACP’s investigation, including working during an interim suspension period.
Dr Daniel O’Shea has been found to be in breach of the Association’s Professional Code of Practice and Ethics, specifically in relation to :
- Code Para 1.1 Patient’s welfare and best interests are paramount and accordingly a Member of the Association of Child Psychotherapists (the Association) shall in the conduct of his/her profession maintain the highest professional and ethical standards. These standards were not maintained by the Member
- Code Para 1.2 The nature of psychotherapy is such that the professional and ethical obligations survive the termination of the psychotherapeutic relationship, the life of the patient and the termination of Membership of the Association. Any neglect or disregard by a Member of their professional duties to their patient, or any abuse of the professional relationship between the Member and their patient, may raise a question of professional misconduct. The Member’s actions are deemed to constitute professional misconduct.
- Code Para 2.2 Members must inform prospective and current patients of any relevant restrictions on their practice imposed by the ACP as a result of a disciplinary or fitness to practice investigation.
- Code Para 2.4 A Member must not use their professional position to exploit a patient financially or otherwise or to pursue a sexual or other relationship which is inappropriate in the context of therapeutic treatment. The Member engaged in conduct highly inappropriate in the context of therapeutic treatment.
- Code Para 4.1 Respect for the patient, trust and maintaining confidentiality are critical elements of all therapeutic relationships. The Member failed to observe the high standards set by the Association in this respect.
- Code Para 4.2 Members must show respect for their patients, including by being honest and open with them. Members are expected to be candid and truthful whenever mistakes or significant omissions occur in their practices, and when they are, or may be, responsible for damage or suffering. This means being open not only with patients about what happened (or with family members, carers or advocates, where appropriate) but with also colleagues, the ACP and any other investigating body. Members should also take corrective action and apologise meaningfully whenever appropriate. The Member did not establish or maintain an honest, truthful and candid position with regard to mistakes or significant omissions in practice and did not take corrective action or apologise meaningfully.
- Code Para 7.1 A Member shall not, whether in practice or otherwise, commit or engage in conduct that might cause serious damage to the standing of the profession of child psychotherapy. Any breach of this requirement may be treated a s professional misconduct under this Code. The Member has acted in a way which has compromised or may compromise the welfare of a child or a vulnerable adult to the extent that public confidence in the profession of child psychotherapy is likely to be undermined (7.2.2)
It is noted that :
- The seriousness of the first breach of professional boundaries was compounded by the fact that the Member had not demonstrated any learning from a previous practice review concerning similar behaviour.
- The Member continued to practice whilst under an interim suspension order, deemed necessary to protect the public , for this further breach.
- The Member’s actions came to light only when another complaint about his practice was received from a patient he had continued to treat, who was unaware that the Member was under an interim suspension order.
Sanction
The Disciplinary Panel of the ACP’s Ethical Practice Group has imposed the following sanction
11.1.1 To Expel the Member from the Association
It is the view of the Disciplinary Panel that this sanction is proportionate to the gravity of the breaches of the Code.