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Having attended a consultation meeting on regulations on 27th Sept 2019, we are even more confident that the basics of everything that attendees referred to is already in place, and can easily be developed further. The CAWC Code seems widely acknowledged but the RCDTBP, founded in 2010 to hold the registers of Signatories to it, seems to have been a little lost in the ether.

In implementing the Code, the RCDTBP inclusively provides all individuals with a structured profile to register and build knowledge and experience, and together with the public feedback facility offered, it aims to help ensure every practitioner meets, and continually develops to meet, the professional demands of the industry.

The RCDTBP works on positivity, and our processes identify those for what they ‘put in’ to the industry, the profiling provides criteria to both recognise expertise and help all to develop.

RCDTBP Update November 2019

Important Downloads

Canine Services

Individual Signatories

Related Organisations

Code of Practice

Policy Document

Grievance

Grievance Procedures - part of the Full Policy Document, which can be downloaded here.

The Complaint

1. Any person wishing to make a complaint about a registered Signatory or Service, concerning their conduct, method of training or other matter, may do so in writing, using the Complaints Form (downloadable from the website) to the Registered Office with a nominal fee of £25.

2. Any complaint should be lodged within 28 days from the time when the matter, which is the subject of the complaint, arose or was discovered, or such longer period as the EC may at its discretion allow through special circumstances.

3. Upon receipt of the complaint against a Signatory, the Secretary will initially check that the complaint has not been resolved in the meantime by the individual, whether they are a sole trader or a part of an organisation. Where no resolution has been found for the Complainant, the matter will be referred to either the Signatory’s affiliated organisation(s) in the first instance or where no affiliation is claimed, to the EC for investigation and resolution under the terms of the Code,

4. If the case is referral to the EC for processing then the following provisional process shall apply:

a. A copy of the complaint and any written statement and any supporting statements shall be served on the Signatory concerned with a copy of these regulations; and

b. The Signatory will be invited to submit a written statement setting out sufficient particulars to show on what grounds the complaint is denied. Or if admits to the complaint, to submit a written statement setting out any mitigating circumstances.

c. Any written statement by the Signatory shall be lodged with the EC within 21 working days of the receipt by them of the Complainant’s written statement. The Signatory’s written statement shall be accompanied by signed statements from supporting witnesses (if any).

d. Following the receipt of the Signatory’s written statement, or on failure to submit a written statement within 21 days, the EC may investigate the circumstances of the complaint further and or require either the Complainant or the Signatory to provide further information.

5. The matter shall be determined on the basis of written submissions to the EC in the first instance.

6. Thereafter, the complaint may be progressed or disposed of by

a. mediating change through education and increased understanding of both or either party

b. discharged if the complaint appears to be trivial

c. written warning or censuring the Signatory as considered appropriate

d. or listed for a disciplinary hearing by the EC where both parties will be invited to attend, and both parties will receive copies of all supporting statements for their further consideration

7. If the Complaint is listed for hearing before the EC, then the EC shall give all parties not less than 28 days notice of the date fixed for the Hearing of the complaint (‘the Hearing’).

8. If within 14 days after notification of the Hearing either party requests an adjournment on grounds that are considered reasonable, then there shall be power to postpone the Hearing, giving the parties not less than a 28 day notice of the new date for the Hearing.

The Hearing

9. Both the Complainant and the Signatory may attend or be represented at the Hearing before the Disciplinary Panel. The EC will not be responsible to pay any fees or expenses to either parties, their representatives or their witnesses.

10. At the hearing The EC may direct that:

a. the written statements of witnesses shall be read out or be taken as read; and

b. the evidence of witnesses whose statements have not been submitted in accordance with the above Regulations shall not be considered without leave of the EC.

11. The EC shall consider the contents of the complaint statements lodged under the above Regulations and any supporting evidence and make such enquiries of the Complainant and Signatory that it considers appropriate and shall otherwise conduct the Hearing in such a manner as it considers most appropriate for the clarification of the issues before it and generally to the just handling of the

proceedings.

12. The EC shall have the power to

a. proceed with the Hearing of any Complaint in the absence of either of the parties.

b. at any time and from time to time upon application, or on its own motion, adjourn the date of any Hearing.

c. appoint one or more persons who need not be a Signatory to attend the Hearing of the Complaint to assist it on any matters.

13. The EC shall determine the Complaint on the basis of burden of proof, namely, the balance of probabilities. If the EC is satisfied that the complaint is substantiated it may impose upon the Signatory one or more of the penalties below as authorised by the Regulations.

a. be warned, b. be censured, c. have their profile removed and their subscription terminated, d. referred to other authorities

14. Written notice of the EC’s decision shall be served on the parties.

Appeal

16. Where a complaint is upheld, the Signatory hereafter ‘the Appellant’ may appeal to the EC. Any notice of appeal must be received by the Registered Office not later than 14 days after the date on which the written notice of the EC’s decision was served on the Appellant.

17. A notice of appeal shall:

a. State the name and address of the person making the Appeal

b. Identify clearly the decision which is disputed and specify whether the appeal is in respect of the whole or in respect of any specified part of such decision

c. Set out the grounds of the Appeal; and

d. Include any additional evidence upon which the Appellant relies, and set out the reasons why it was not presented to the EC before.

18. The legitimate points upon which an appeal may be considered are a follows:

a. The decision was based on a finding of fact that was perverse or irrational

b. There was no evidence to support a particular finding of fact

c. The decision was made by reference to irrelevant factors

d. The decision was made without reference to relevant factors

e. New evidence to that considered at the original Hearing has come to light

f. The decision was made for improper purpose

g. The decision was made in a procedurally unfair manner

h. The decision was made in a manner which may breach any governing legislation or regulations

19. An appeal may be determined on the basis of written submissions to the EC. However, if an Appellant requires an oral Hearing then the matter must be determined by way of an oral Hearing. (The procedure for either written or oral Hearings will be determined at that time with the appointment of an Appeals Tribunal being constituted from other EC members and or appointed from experienced Signatories.

20. If the Appeals Tribunal upholds the Appeal then it may revoke or vary the decision made by the EC and / or impose any penalty, which could have been imposed by the EC.

Non Compliance with Regulations

21. Where there has been a clerical error, accidental slip, omission or other failure to comply with the requirements of these Regulations, such failure shall be treated as an irregularity but shall not invalidate the proceedings, or any document or decision in the proceedings.

22. The EC, appointed sub-committees or the Appeals Tribunal, as the case may be, may on the grounds that there has been such a failure and on such terms as it thinks just, allow such amendments (if any) to be made and to make such decision (if any) dealing with the proceedings generally as it thinks fit.