Referral to the RICS Disciplinary Panel
If RICS starts disciplinary action against you, please contact us for help. We can explain the options available to you, providing professional advice and support. We can also represent you throughout proceedings, using our knowledge and expertise to secure a successful outcome.
“A week after receiving the final decision of my case in a RICS disciplinary matter and the release of the anxiety of the last 18 months is starting to sink in.
Instructing Jon to act for me has preserved my career and was the best decision I could have possibly made.
From the off, Jon never failed to manage my expectations fairly and accurately. I appreciated his candid and frank manner as well as his expert ability to demystify every complex correspondence quickly and with the utmost professionalism. He identified the key issues with ease and his command of the process and ability to navigate me through it was an invaluable support. He did all of this with an approachability and a refreshing humanity.
In the final stages, his compelling summary of the key facts to the Panel, expertly and professionally prepared and delivered with clinical accuracy, secured me the very best possible outcome and my family and I will forever be grateful to him personally for this.
I would have absolutely no hesitation in recommending Jon to others – I simply couldn’t have afforded not to have him on my side.”
RICS disciplinary action
When a complaint is made against you or your firm, RICS will consider the matter before deciding whether there could be a case of misconduct. If so, you will be asked to provide an initial response to the complaint. RICS reviews this response, along with the other evidence gathered, and decides whether disciplinary action is needed.
If disciplinary proceedings are started, the next steps depend on whether you admit to the allegations, and how serious the alleged misconduct is.
Regulatory Compliance Orders
If you admit to the allegations and the case is not serious, you will be offered the chance to agree to a Regulatory Compliance Order. These replace Consent Orders, which RICS no longer enter into.
A Regulatory Compliance Order is a legal document in which you admit fault, agree to a sanction and (where applicable) agree to remedy the situation. This might include changing the way in which you work to ensure the problem does not happen again.
Referral to a Single Member of the Regulatory Tribunal
If you do not admit to the allegations but they are not serious, the case is referred to a Single Member of the Regulatory Tribunal (which is independent from RICS and the regulatory department). This person considers your case and decides whether you are guilty of misconduct. If so, he/she must decide what sanctions to impose. There is no public hearing. If you disagree with the decision, you can make an appeal.
Referral to a disciplinary panel
If you do not admit to the allegations and RICS considers them to be serious, the case is referred to a Disciplinary Panel. This panel is made up of three members of the Conduct and Appeal Committee. There will be a hearing, which is usually public. During this, a lawyer called a ‘Presenting Officer’ sets out the case on behalf of RICS. You are entitled to your own legal representation.
The hearing is much like a trial, in which witnesses can be called and evidence examined. The panel then deliberates their decision. Sanctions can be imposed if the panel finds that, on the balance of probabilities, you are guilty of misconduct. If you disagree with their findings, or with the sanctions imposed, you can make an appeal.
Expert legal advice
If you are facing disciplinary action by RICS, let us act on your behalf. Remember that if there is a hearing in front of a Disciplinary Panel, RICS will have their own solicitor or barrister. If you do not have legal representation, you put yourself at a significant disadvantage.
We used to prosecute for RICS. Now we defend RICS members instead, including individual chartered surveyors and firms. Having worked for both sides, we have invaluable insight which few other firms can offer.
We will prepare your case and present it in front of the panel, explaining how you complied with RICS rules and standards. Having us on your side greatly increases your chance of a successful outcome. This will be a huge relief to you, as being found guilty of misconduct could seriously compromise your career. We know what is at stake and will do everything we can to help you.
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- Represented the SRA for over 20 years
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