Report of the Professional Conduct Committee 8 July 2021

Author: IStructE

Date published

8 July 2021

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Report of the Professional Conduct Committee 8 July 2021

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Date published
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Report
Author

IStructE

Date published

8 July 2021

Author

IStructE

The PCC reports the outcomes of two separate complaints received against members of the Institution.

In accordance with Procedural Rule 2.25 (01/19/V3REG4) the following decisions of the Professional Conduct Committee (“the PCC”) are published without the Members name.

A complaint was made to the Institution regarding the content of a structural appraisal written by a member in relation to damage to a porch. Taking all matters into account the PCC found that the member included in their report letter an irrelevant, unwarranted and wholly inappropriate description of their client.  The PCC found further that reference to a person’s nationality and/or physical size, or any description of a person’s demeanours, has no justifiable place in a professional report such as that provided by the member. 

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

The PCC directed the member to issue an appropriately worded Apology pursuant to Regulation 4.2.2.1(2), addressing all the matters identified raised the client and the PCC.

The PCC issued a Training Order to the member, pursuant to Regulation 4.2.2.1(3), in the following terms:
The PCC requires [member] to undertake specific training, within 12 months of the date of this decision, in the area of Equality, Diversity and Inclusion.

The PCC issued a Warning to the member pursuant to Regulation 4.2.2.1(5) in the following terms:
[member]’s professional conduct as an Associate-Member of the Institution has resulted in a decision by the PCC that there has been a failure by [member] to comply with Articles 1,2,3 and 6 of the Code of Conduct and that any complaint against them which comes before the PCC in the future, resulting from conduct similar to that which gave rise to this complaint, may be dealt with more severely.
 

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A complaint was made to the Institution arising out of the appointment of a member to provide structural engineering services in relation to proposed internal modifications to a property. Taking all matters into account the PCC found that the member failed to advise his client that they were unable to access critical roof space and failed to state their assumptions in regards to the roof in their report.  The PCC found further that the member sought to interfere with the Institution’s disciplinary procedures by seeking a financial settlement which included the requirement for the complainant to withdraw the complaint.

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

The PCC issued Guidance to the member, pursuant to Regulation 4.2.2.1(1), in the following terms:

Members should take all reasonable steps to ensure that their client understands the scope of the service to be provided including any limitations.

Members are obliged to comply with the Laws of the Institution of Structural Engineers as described by the Charter, Bye-laws, Regulations and associated Rules.

The PCC issued a Reprimand to the member pursuant to Regulation 4.2.2.1(6) in the following terms:
A Reprimand is the most severe sanction which the PCC may impose and any complaint against the member which comes before the PCC in the future, resulting from conduct similar to that which gave rise to this complaint, is likely to be dealt with more severely and referred to the Disciplinary Board for decision.

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