Revoking RCOT/BAOT Professional Membership
This guidance details the processes regarding the revocation/removal of RCOT/BAOT membership. For the purpose of clarity, RCOT/BAOT members will be referred to as ‘members’ in this document. https://www.rcot.co.uk/about-us/governance/how-we-are-run.
A – Removal of an RCOT/BAOT member from the Health and Care Professions Council (HCPC) register
The Health and Care Professions Tribunal Service is the fitness to practise adjudication service of the Health and Care Professions Council and deals with complaints against the 15 Allied Health Professions it regulates https://www.hcpts-uk.org/. The HCPC alerts professional bodies of registrants who have undergone fitness to practise proceedings. HCPC sanctions are explained here: https://www.hcpts-uk.org/globalassets/resources/policy/sanctions-policy.pdf
1. HCPC sanction: removal (striking off) order from the HCPC register
A removal order results in a registrant’s name being taken off the Register and prohibits the registrant from practising their profession for (a minimum of) five years.
1.1 After a ruling has been made to remove an occupational therapist from the HCPC Register; they can lodge an appeal to the High Court regarding the HCPC’s decision, within 28 days.
1.2 If no appeal has been lodged and/or any High Court process has been completed with the removal decision upheld, then RCOT must consider revoking membership in accordance with its Articles of Association.
1.3 In these circumstances, the RCOT Council is notified and will need to agree that the member has ceased to meet the membership requirements as stated in the Articles of Association.
1.4 The member is notified of the decision to revoke their membership and will also be given the opportunity to state their case in writing and request a meeting with a representative from Council.
1.5 The member has 10 working days to reply.
1.6 If the member replies in the affirmative, they will be offered a meeting with a representative of Council.
1.7 If the member does not respond by the 10th day, then they are given 28 days’ notice (from the 10-day expiry date) that their membership will be revoked.
1.8 If the member does not respond, the Membership department is advised; the revocation of membership is recorded on the CRM database and a letter is then sent to the member signed by the Chair of Council.
1.9 The member will be liable for membership fees up to the 28-day expiry date.
1.10 The member’s RCOT membership record will be deactivated by the Membership Administration Team following the 28-day expiry date, at the end of the applicable calendar month.
1.11 A registrant who has been removed from the HCPC register must wait 5 years before they can apply for restoration to the Register. If the member is successfully reinstated to the HCPC register, then they are eligible to reapply for professional membership of RCOT.
2. HCPC sanction: voluntary removal from HCPC register
2.1 A registrant may decide to voluntarily remove themselves from the HCPC register during a Fitness to Practise hearing and in consequence is no longer eligible to practise. The process is a legal agreement between the registrant and HCPC and is treated as if the person had been given a removal order (i.e., struck off).
2.2 If the registrant is a member, steps 1.3 – 1.10 are followed.
2.3 However, if a member has voluntarily removed themselves from the register due to ill health, upon request by the member, consideration will be given by RCOT as to whether they could be offered retired membership.
B – Other instances leading to revoking of membership
3. Occupational therapist refusal to re-register with HCPC but continues to use the protected title
3.1 RCOT is not normally notified of such cases formally and may only hear about them vicariously.
3.2 If the registrant is an RCOT member then follow steps 1.3 – 1.10.
4. Other Instances when RCOT membership might be revoked
4.1 RCOT’s Professional Standards for Occupational Therapy Practice, Conduct and Ethics, describes a set of professional behaviours and values that the Royal College expects its members to abide by and believes all occupational therapy personnel should follow. Section 5 of the Standards addresses professionalism including professional conduct, professional and personal integrity and the professionalism of colleagues.
4.2 Based on the Standards and in rare situations, RCOT Council may wish to consider revoking RCOT professional membership when protection of the public is not an issue, but when an individual or group of members may be bringing the organisation directly into disrepute as specified in the Articles of Association: “he or she shall, in the judgement of the Council (after such investigation as it may deem necessary) appear to have been guilty of an act or practice or conduct calculated to bring discredit on the Royal College.”
These reasons can include:
- defrauds the organisation of significant funds
- falsely or maliciously accuses the organisation, or its officers, of wrongdoing, in public arenas
- exposes the organisation to serious financial or other harm
- brings the organisation, or the profession, into disrepute
- breaches the terms and conditions of membership
- adopting aggressive, abusive or threatening behaviour with RCOT employees.
5. Process to revoke RCOT membership in these circumstances
5.1 In circumstances when an individual may be bringing the organisation directly into disrepute, Council will be notified, and an Investigations Panel made up of 2 Council members – one of whom should be the Vice-Chair or the Chair – and the RCOT Chief Executive established.
5.2 The Panel will consider the allegations and, if deemed substantiated, Council will be asked via email for agreement to proceed with revoking of membership permanently or suspending for a period of time as the Panel recommends and/or Council see fit. RCOT will pursue the process following a majority vote from Council.
5.3 The RCOT member will be notified in writing of the decision to revoke or suspend their membership and will also be given the opportunity to state their case in writing and request a meeting with a representative from Council. Steps 1.4 – 1.11 will be followed.
This document was approved by Council on 7 September 2022.
Date of next review: September 2027.