Report of the Disciplinary Board of 24 June 2024

Author: Rui Carvalho Pais, Professional Conduct Manager

Date published

8 January 2025

The Institution of Structural Engineers The Institution of Structural Engineers
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Report of the Disciplinary Board of 24 June 2024

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Rui Carvalho Pais, Professional Conduct Manager

Date published

8 January 2025

Author

Rui Carvalho Pais, Professional Conduct Manager

In accordance with Procedural Rule 8.2 (01/22/V4REG4) the following summary of a decision of the Disciplinary Board is published without the Member's name:

A Disciplinary Board was convened on 24 June 2024, comprising of:

  • Paul W Harding, RIBA MIoD AMAE ACArch, (Chair of the Disciplinary Board)
  • Timothy Pope CEng, FIStructE
  • Robert Paul CEng, FIStructE, FICE,

Also in attendance were Philip Newman, Barrister of Law acting on behalf of the Professional Conduct Committee, and Ralph Shipway, solicitor, acting as legal adviser to the Disciplinary Board, in respect of matters referred to it by the Professional Conduct Committee.
 
The Complaint arose in respect of the appointment of the Member’s employer to produce a report that adopted a conservation-based approach from Consultants with full or partial conservation accreditation [such as an Engineer listed in the Conservation Accredited Register of Engineers “CARE” ], to determine whether the structural integrity of a Grade 2 listed building could support restoration for re-use as a cinema.

The Complaint included the allegations that the Member prepared and authored a report which said it was taking a “conservation-based approach” but which failed to meet the standard reasonably to be expected of a conservation engineer, and, that the electronic signature of a CARE registered engineer was placed on the report irresponsibly, without any due diligence having been undertaken by the Member to ensure that the Engineer was aware of the content of the report and that the Engineer consented to his electronic signature being placed upon it.

In the premises, the Member admitted to the allegations above.

Taking all matters into account, including the serious nature of the allegations and the potential consequences of the Member’s actions on a listed building and on the reputation of the CARE engineer and the CARE register itself, the Board found the Member was in breach of Articles 1, 2, 3, 4, 5, 6 and 7 of the Institution’s Code of Conduct. 

In determining the Sanctions, the Disciplinary Board considered the Member’s admissions, co-operation, demonstrable contrition, and that the Member had already provided an apology to one of the parties, coupled with the Member’s undertaking of mitigating actions. The Disciplinary Board issued a Reprimand against the Member, pursuant to Regulation 4.2.2.1(6).

 

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