Report of the Professional Conduct Committee 27 September 2023
Date published

13 March 2024

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Report of the Professional Conduct Committee 27 September 2023

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Report
Date published

13 March 2024

The PCC reports on three disciplinary cases as follows:

In accordance with Procedural Rule 8.3 (01/19/V3REG4_2), following decision of the Professional Conduct Committee (PCC) is published with the member's name.

A complaint was made to the Institution arising out of the appointment of Alexandrus Janusz Janicki to produce a report on the structural integrity of a property for the purpose of reassuring potential buyers.

Through the course of investigation of the complaint, the PCC initiated a confidential investigation in accordance with Regulation 4.2.2.6. As a result of this investigation the PCC Suspended Mr Janicki’s membership in accordance with rule 2.16.4 

In accordance with Rule 9 of the Disciplinary Procedural Rules, the member is entitled, within 30 days after receipt of the Decision of the PCC to lodge an Appeal. No such Appeal having been lodged 

Mr. Alexandrus Janusz Janicki is suspended from membership of The Institution of Structural Engineers for an indefinite period.

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In accordance with Procedural Rule 2.31 (01/22/V4REG4_2) the following decision of the Professional Conduct Committee (PCC) is published without the Member's name.

A complaint was made to the Institution arising out of the appointment of a member to provide engineering services in relation to a grade 2 listed building. Taking all matters into account the PCC found that the Member failed to provide the report in a reasonable timeframe or at all; and failed to respond to numerous requests for progress updates. 

The PCC, taking into consideration its findings above, found that that the Member had failed to comply with Articles 1, 2 and 3 of the Code of Conduct.

The PCC directed the member to issue an Apology to the Complainant pursuant to Regulation 4.2.2.1(2) and issued Guidance to the Member pursuant to Regulation 4.2.2.1(1) in the following terms:

Members should have in place reasonable contingency plans to enable continuity of services in extraordinary circumstances. Where contingencies are not possible, it is incumbent on members to ensure that they provide timely and unambiguous information to their clients and others affected by a delay in the provision of those services.

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In accordance with Procedural Rule 2.31 (01/22/V4REG4_2) the following decision of the Professional Conduct Committee (PCC) is published without the member's name.

A complaint was made to the Institution arising out of the engagement of a member in a Party Wall dispute. Taking all matters into account the PCC found that the member acted dishonestly by incorrectly describing a photograph in the report to present a situation that was knowingly false; that the member’s report was biased towards his appointing owner and was in stark contrast to the findings of several other professionals; failed to act with integrity and fairness; and failed to have regard to the interests of those affected by his actions.

The PCC, taking into consideration its findings above, found that that the Member had failed to comply with Articles 1, 2, 3, 5 and 6 of the Code of Conduct.

The PCC issued the sanction of Reprimand against the Member pursuant to Regulation 4.2.2.1(6) and issued Guidance to the Member pursuant to Regulation 4.2.2.1(1) in the following terms:

Members of the public and other professionals rely on, and make decisions based on, the advice and service provided by members of the Institution of Structural Engineers. The advice given, either verbally or in writing, including calculations and drawings, must be fair, honest, and trustworthy, in order to provide a safe and effective service for clients and their agents.

Honesty is essential, even if the advice is contrary to the client’s expectations. Operating with integrity and fairness engenders respect from clients and other professionals and provides a platform for open communication and effective professional relationships.

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