KB-2023-003302 - [2025] EWHC 1628 (KB)

The parties at all material times had a contractual relationship. They agree that the express terms of the contract included: the UKCP Ethical Principles and Code of Professional Conduct (2009), the UKCP Code of Ethics and Professional Practice (2019), the UKCP Complaints and Conduct Process (May 2022) (“CCP”), and the Indicative Sanctions Guidance (2019) (“ISG”).

The CCP made provision for how proceedings before an Adjudication Panel should take place. It provided at para. 7.5 that ‘no later than 28 days before the hearing’ the parties should provide the Secretary of a ‘list of the names of the persons they propose to call to give evidence’.

The ISG provided as follows:

“3.8

Suspension Order

3.8.1

A suspension order directs the UKCP Registrar to suspend the Registrant’s membership for a period of up to twelve months. A Registrant who is suspended cannot practise psychotherapy under the auspices of UKCP.

3.8.2

Suspension from the Register is a deterrent and may be used to send out a signal to the Registrant, the public, and the profession about what is regarded as behaviour unbefitting a member of UKCP and the wider psychotherapy profession. However, suspension from the Register has a punitive effect in that it prevents a Registrant from earning a living as a psychotherapist during the period of suspension and therefore a panel must carefully balance the interests of the Registrant with its duty to protect the public.

3.8.3

Suspension may be appropriate where a panel considers that there are not appropriate workable conditions to remedy the Registrant’s shortcomings and to provide sufficient protection to the public, but it is probable that repetition will not occur and therefore striking off is not appropriate.

…

3.9

Termination of UKCP Registration

3.9.1

Termination of registration with UKCP means that a Registrant’s name is removed from the UKCP Register and they are prohibited from practising psychotherapy under the auspices of UKCP. The Registrant’s College and/or Organisational Member will be expected to also remove their association with the Registrant, and any relevant employers (such as the NHS) will also be informed.

3.9.2

Termination of registration is a sanction of last resort for serious, deliberate, or reckless acts involving abuse of trust (such as sexual misconduct), dishonesty, or persistent and irreparable failure. Termination of registration should be used when the panel considers there no other way to sufficiently protect the public or there is an unwillingness by the Registrant to show insight or resolve their failings.

3.9.3

Termination of registration may also be appropriate when there is no other way that public confidence in the profession can be maintained if the Registrant is permitted to remain on the Register. When termination is used to address public protection issues, panels must clearly state their reasons for doing so. Termination of registration is a long-term sanction and a Registrant cannot apply to be readmitted to the Register for a period of three years. Further guidance on the restoration of registration can be found within section 11 of the UKCP Complaints and Conduct Process.

…

5.4

Sexual Misconduct

5.4.1

UKCP’s code of ethics is very clear that a Registrant must not enter into a sexual relationship with a client. Sexual misconduct seriously undermines public confidence in the profession and represents a breach of one of the fundamental tenets of psychotherapy.

5.4.2

Sexual misconduct is considered particularly serious where the person concerned is particularly vulnerable and there has been an abuse of the special position of trust that the Registrant occupies.

5.4.3

In all cases of sexual misconduct it is extremely unlikely that a sanction less than suspension from UKCP’s Register will be sufficient, although it is likely that most cases will result in termination of UKCP registration. If a panel imposes any sanction other than termination of registration it needs to be particularly careful to explain the reasons for doing so in a way that can be understood by those who have not heard all of the evidence.

5.4.4

In instances where the sexual relationship was with a former client, the panel must consider how much time has passed since they were a client of the Registrant; whether they would be considered vulnerable at the time the relationship commenced; whether the relationship has been detrimental to their mental health and well-being; the source of the complaint; and whether the Registrant abused their position by entering into a relationship with their former client. The code of ethics does not stipulate how long is an appropriate passage of time before it would be considered appropriate for a Registrant to commence a personal relationship with a former client. This is a matter for the panel to decide based upon the submissions of both parties and the evidence before it; however as a general rule, the longer the therapeutic relationship, the longer passage of time is necessary to ensure proper closure has been achieved.

5.4.5

In deciding whether a suspension or termination is the appropriate sanction, a panel must consider:

- The vulnerability of the person concerned;

- Whether the sexual contact was voluntary;

- Whether the misconduct was a one off incident or prolonged over a period of time;

- Whether the misconduct was part of a course of deliberate action;

- The likelihood of repetition;

- Whether the Registrant has insight to their failings and has taken steps to address these failings; and

- The danger to the public posed by the Registrant if they were permitted to recommence practicing.”