Complaint and Discipline Procedure PDF Print E-mail

IPPA Complaint and Discipline Procedure 

COMPLAINT, DISCIPLINE and APPEALS PROCEDURE

Members are expected to comply with the Set of Principles, Code of Conduct, Membership Agreement or any other rules of the Association adopted by the Executive Board.  These are based on The Home Information Pack Regulations 2007 and the Compliance requirements of The Association’s HIP Auditing Framework.

Overarching principles - Members must act in the best interests of the Association and support its Aims and Objectives as laid out in the Constitution.  Members must not bring IPPA or its members into disrepute whilst carrying out any business related to their membership of the association.

For the avoidance of doubt, a member’s other business activities must, in the opinion of the Association, not lead to any conflict of interest between the member and the Association, or be of a nature that could bring the Association into disrepute by association.

The Executive Board may, dependant on circumstances and on the recommendation of the Membership Panel and using their absolute discretion, suspend or withdraw membership if any member fails to comply with the Set of Principles, Code of Conduct, Membership Agreement or any other rules of the Association adopted by the Executive Board or is deemed by the Executive Board to have brought the Association into disrepute.

Complaints against members may be brought by other members of the Association who believe them to have acted improperly, in contravention of the Code of Conduct, Set of Principles, Membership agreement or any other rules adopted by the Association. Complaints may also be brought by, or on behalf of, non-members who have previously sought redress through the member’s Redress Procedure. Any of these people can also make a complaint against the Executive Board as a whole or one of the Executive Officers as an individual member. 

This Complaint and Discipline Procedure assumes that the Member’s own Complaint Procedure (for their clients) is as approved by IPPA and contains the means and method for them to escalate a complaint to this association if not resolved in the first instance by the member concerned.  A template for such a complaint procedure is included on the IPPA website and forms part of the Membership Agreement.

Complaints to IPPA must be made in writing to the Membership Officer.  There is no time limit set for complaints to be received however any received more than 12 months after the date of the original breach will need to explain the delay and may only be investigated at the discretion of the IPPA Executive Board.

Any written complaint against a member shall be reviewed initially by the Executive Board.  This review can be by written, electronic methods or in person, whichever is best able to accommodate an initial decision on how to proceed with the complaint within 10 days of receipt of the written complaint.  If the complaint is considered serious enough, or more information is needed, the Executive Board will nominate a Complaint Panel (two full members, one officer of the Executive Board and any co-opted persons deemed needed for technical or legal advice) who will act impartially on any complaint review. 

The member who is the subject of the complaint will be asked to submit (within 30 days of being requested) a detailed explanation or defence in writing, outlining all steps taken to resolve the original complaint.  The Member shall be responsible for all costs and out of pocket disbursements incurred by him in obtaining any advice or information relating to the information they submit to the Complaint Panel.

The Complaints Panel will consider the complaint and give its decision within a further 10 days if all further information requested from the Member and Complainant is to hand.  During this time the member may be suspended from some or all member benefits depending on the nature of the complaint.  After 30 days, if the Complaint Panel have not received the further information or cooperation requested from the Member a decision may be taken to either suspend or expel the member.  If, after 30 days, the Complainant does not provide the requested further information or cooperation a decision may be taken to abandon the complaint and reinstate the member, or the Complaint Panel may decide to proceed with the information to hand.

If not resolved or found to be a serious breach of our Membership Agreement and Code of Conduct the matter may be referred directly to the member’s accreditation or professional body.  The Executive Board retain the right to make any person, organisation or the membership as a whole aware of the result of a breach investigation.

What is, or is not, a serious matter is for the discretion of the Executive Board or its Complaint Panel, as is the action to be taken and their decision on any such matter.

As a guide only (and not to be considered exclusive or exhaustive) the following can be regarded as a serious breach: Misrepresentation, deception, breach of financial obligations or terms, bankruptcy, breach of HIP Regulations, negligence, breach of our Code of Conduct, sub-contracting HIP provision or compilation to another individual or company who are not members of IPPA, failing to abide by the terms of the member’s own complaint procedure.

Penalties for the above can range from: Expulsion or suspension from IPPA or any of the member’s benefits, through to a written or verbal warning.  Repeated minor breaches and warnings will result in formal review of your membership by the Membership Panel who may themselves make a formal written complaint.

A written appeal against a decision or penalty may be submitted within 14 days which may result in the matter being brought before an Appeal Panel, which will be made up of two further ordinary members and the original officer of the Executive Board and any co-opted persons deemed needed for technical or legal advice.

Alternatively the member found guilty of a breach can have their written appeal put before the next scheduled and properly convened meeting of the Membership.  The Membership shall have power, by a simple majority vote of the members present, to accept or decline the appeal and expel members who they find have failed to support the ethos and Objectives of the Association, provide a good standard of service, or who bring the Association into disrepute by some action or omission.

A member expelled by the Membership, the Executive Board Complaint Panel or an Appeal Panel will have the right to apply for reinstatement in writing to the Membership Officer after 12 months have elapsed since their expulsion, detailing their grounds for reinstatement. The Membership Panel will then decide if the original breach has been righted or resolved. Subject to approval from the Membership Panel an expelled member may then reapply for membership.  If the Membership Panel does not find the original breach resolved or, for any reason, does not approve the reinstatement of an expelled member there will be no further application for reinstatement/membership considered. The decision of the Membership Panel will be final and binding in this matter. 

An expelled member will no longer have access to the services, benefits and privileges that are subject to membership of IPPA, nor will they be entitled to attend meetings or access the forum.  Any use of the IPPA logo, slogan, website link, name or colours on an ex-member’s website, marketing material or stationery must be removed or obscured.

No member (current or past) of the Association may run any business or personal venture that purports or implies in anyway to be the Independent Pack Providers Association, or to purport to speak on behalf of the Association, or that they are an employee, agent or partner of the Association.  This does not stop members from stating that they or their organisation are members of IPPA or using the IPPA logo, under the terms of their level of membership.

A member may resign at any time by giving notice in writing. No refund of fees will be due.

Application for membership of the Association constitutes acceptance of the Code of Conduct, Set of Principles, Complaint and Discipline procedure and the Objectives contained in our Constitution.

 

Disclaimer:  IPPA is not legally or financially responsible for the actions, errors or omissions of its members and this complaint process is a means for us to review complaints made against our members, mediate and make recommendations with regards to complaints and to maintain and monitor our own standards and those of our members.

 
Copyright © 2009  Independent Pack Providers Association