ILEX PROFESSIONAL STANDARDS LTD

TERMS OF REFERENCE OF DISCIPLINARY PANEL

The Panel to the Disciplinary Tribunal has been established by ILEX Professional Standards Ltd (IPS) under its Investigation, Disciplinary and Appeal Rules (IDAR).

ROLE OF THE DISCIPLINARY PANEL

The role of the Panel is to:

  • apply the IDAR;
  • consider referrals made to the Disciplinary Tribunal;
  • consider and determine whether the charges made against a member of CILEx or IPS regulated person or legal practice are proved on the balance of probabilities and, if so, determine what action to take in accordance with the powers available to the Disciplinary Tribunal under the IDAR;
  • submit an annual report on its work to the IPS Board; and
  • make such other reports of its work as IPS may require from time to time.

MEMBERSHIP

The Disciplinary Tribunal will comprise:

  • 5 independent lay members; and
  • 3 Fellows of CILEx (who are not members of the CILEx Council or IPS Board).

APPOINTMENT TO THE PANEL

Application process

The application process involves:

  • Completion of an application
  • Interviews
  • Appointment

Appointment of Panel members

  • Members are appointed to serve on the Panel by IPS.
  • Each member is appointed for a period of five years and may be reappointed for one further period of five years.
  • Panel members are subject to annual appraisal and training.
  • Where a Panel member fails without good reason to fulfil their duties IPS may terminate their appointment whether or not they have completed their current term of office.
  • Panel members are appointed as self employed contractors and are not employees of CILEx.

Appointment criteria

All panel members should have:

  • an ability to analyse cases;
  • an ability to assimilate complex information and make sound judgements based on evidence;
  • an ability to assess the suitability of members and regulated persons;
  • an understanding of professional disciplinary and misconduct issues;
  • some understanding of the legal profession;
  • good interpersonal and communication skills;
  • an ability to work as part of a team;
  • an ability to take responsibility for decisions; and
  • an ability to chair meetings.

MEETINGS OF PANELS

The Panels shall meet to carry out functions and fulfil the roles assigned to them in accordance with these terms of reference and the IDAR.

  • Panel members will meet as panels of three to hear cases and will comprise 2 lay members and one professional member.
  • Preliminary applications may be determined by way of a postal agenda.
  • Decisions of panels will be reached by a majority vote. No member may abstain from voting.
  • Meetings will take place at the CILEx offices at Kempston Manor.
  • Members are expected to be called to attendaround 6meetings each year, depending on caseloads.

DISCIPLINARY POWERS

The DT has the power to:

  • Find there is no case to answer;
  • Reprimand;
  • Warn against future conduct;
  • Require undertakings;
  • Impose conditions on in respect of employment or conduct;
  • Exclude a person or legal practice from membership of CILEx or regulation by IPS;
  • Fine; and
  • Order payment of costs.

GENERAL

The positions will be paid and take effect from 5 January 2015. Attendance will be paid at a rate of £350 per day. All post holders will also be paid an annual retainer of £500 to cover the time they will be expected to spend reading papers in advance of meetings/hearings and participating in decision making in respect of preliminary applications. No fees are paid for travel time but reasonable expenses will be reimbursed.

Hearings will take place at the CILEx offices at Kempston Manor.

A training event will be organised each year. Panel members will be required to attend.

Panel members are also appraised by an IPS Board member.

FUTHER QUESTIONS

If you have any queries please contact Mrs Baljeet Basra, Head of Business Development & Operations at IPS. Tel: 01234 845770 or . Information about IPS and the complaints and disciplinary procedures can be viewed on the web-site: