Disciplinary procedure
Introduction
Disciplinary proceedings are initiated when a person, usually a client or patient, believes that a psychologist has breached the psychologists' code of ethics. This code has been in force since 25 May 2014, so it is important to note that only breaches occurring after this date can be the subject of a complaint.
The Commission of Psychologists has two disciplinary bodies: a Disciplinary Board and a Board of Appeals. These two Councils occupy an independent position within the Commission. They are responsible for investigating breaches of the psychologist's code of ethics.
- The Disciplinary Board receives the initial complaint, investigates it and decides whether a sanction is justified.
- The Appeals Board decides on appeals against decisions taken by the Disciplinary Board.
Purpose of disciplinary proceedings
The main purpose of the disciplinary procedure is to report a breach of the Code of Ethics, in order to prevent the psychologist from committing the same offence in the future. In this way, the procedure helps to maintain and promote the quality of the services offered by psychologists, while strengthening the protection of the public interest and public confidence in the profession.
It is crucial to know that the purpose of the disciplinary procedure is not to provide redress or compensation to the complainant. Consequently, the complainant is not informed of the progress of the procedure or its outcome. The complainant's role is therefore limited: he or she files a complaint, providing all the relevant information, and is then generally no longer involved in the process.
The disciplinary procedure is therefore mainly between the psychologist concerned, any persons accompanying him or her and the disciplinary board dealing with the case.
Disciplinary procedure
The Disciplinary Board may initiate disciplinary proceedings in two cases:
- - following the lodging of a complaint by a customer or any other person or body.
- - when the Commission of Psychologists itself decides to initiate disciplinary proceedings if it considers that facts brought to its attention are serious.
Upon receipt of the complaint by the clercks of the Commission of Psychologists, the Disciplinary Board shall rule on its admissibility. To be admissible, a complaint must :
- concern a psychologist registered on the list of psychologists
- take place after the Code of Ethics came into force (i.e., from 26 May 2014)
- relate to the psychologist's professional acts, or to facts in his private life likely to have an impact on his professional acts.
If it is deemed admissible, the complaint is investigated and the psychologist is given the opportunity to consult the file and provide his or her version of the facts. To this end, the psychologist is invited by registered letter. He may always be assisted by a lawyer or any other person, such as a representative of his professional association.
After consultation and by majority vote, the Disciplinary Board will decide whether the complaint is well-founded and whether a sanction should be imposed. Its decisions are always reasoned, and based on the principles contained in the Code of Ethics (which operate as criteria).
Possible sanctions include warning, suspension and removal from the list of psychologists.
Composition
The Disciplinary Board and the Appeals Board each have a French-speaking and a Dutch-speaking chamber.
The members of the Council were elected from among the psychologists on the list. The chairmen, experienced lawyers, were appointed by our supervisory minister, the Minister for the Middle Classes.
Dutch-speaking room or French-speaking room?
The location of the practice of the psychologist will determine which chamber, Dutch-speaking or French-speaking, has jurisdiction. If it is located in the bilingual Brussels-Capital region, the choice of chamber depends on the psychologist's preferred language.
Disciplinary board
French-speaking chamber
Dutch-speaking chamber
Members, French-speaking and Dutch-speaking chambers
Substitute members, French-speaking and Dutch-speaking chambers
Appeals Board
French-speaking chamber
Dutch-speaking chamber
Members, French-speaking and Dutch-speaking chambers
Substitute members, French-speaking and Dutch-speaking chambers
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