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1. Introduction
The Architects Registration Board (ARB) was set up by Parliament to regulate architects in the UK. Our statutory duties and powers are governed by the Architects Act 1997 (the Act).
ARB’s overriding duty is to act in the public interest, including taking action to protect the public and to uphold the public’s confidence in the profession of architects.
As regulated professionals, architects are expected to conduct themselves in a manner which maintains the trust the public places in them. Architects must therefore notify ARB of any incident which may undermine public trust and confidence.
This guidance outlines what you need to report to ARB, and what you should expect from us when you do.
2. What do I need to report?
You are expected to conduct yourself in accordance with the Architects Code, acting professionally, and with honesty and integrity. If you find yourself in a position where you think you may have fallen short of these standards, or that your conduct could reflect badly on the profession, you should report the matter to us.
You should report to us if you:
- are convicted of a criminal offence;
- are made the subject of a court order disqualifying you from acting as a company director;
- are made the subject of a Bankruptcy Order, Debt Relief Order or Bankruptcy Restriction Order;
- have given a director disqualification undertaking or Bankruptcy Restriction undertaking;
- are a director of a company which is wound up or placed in administration or a CVA (other than for amalgamation or reconstruction purposes);
- make an accommodation with creditors (including a voluntary arrangement);
- fail to pay a judgment debt;
- are disciplined by another regulator or similar body (including equivalent bodies based overseas);
- have professional indemnity insurance refused, restricted, or withdrawn on grounds of dishonesty, misconduct, or financial mismanagement;
- are included on the children’s barred list, adults’ barred list, or otherwise prohibited from working with vulnerable groups.
This list is not exhaustive. If you are in doubt as to whether you should report a matter to us, then you should contact our Professional Standards department for guidance.
If you are notifying us of a criminal conviction you should refer to our guidance: Reporting a criminal conviction to ARB.
3. When do I need to report?
You should notify us as soon as possible and within 28 days of the event in question.As part of your registration and annual renewal process, you will also be required to declare any reportable incidents which we are not yet aware of.
4. Failing to disclose
A failure to report a relevant matter to ARB is a breach of the Architects Code of Conduct. We will need to investigate the circumstances and determine whether disciplinary action is required. This is because there is a clear expectation, as set out in the Code, that architects will always act with honesty and integrity.
If we believe there is evidence an architect acted dishonestly or without integrity in their failure to disclose, then we may take disciplinary action even if the incident itself was not serious.
5. Will I be subject to an investigation?
Each case is considered carefully on its own merits, considering the specific facts and the seriousness of the events in question. If the matter is directly relevant to your professional practice, it’s likely this will warrant an investigation to protect the public and maintain public confidence in the profession. For example, incidents involving wilful mismanagement of professional finances are likely to require regulatory intervention. Matters related solely to your private life, such as a personal bankruptcy, are less likely to require investigation.
6. Information we need
When contacting us, please provide your name and contact details along with details of the incident and any relevant, supporting documentation. For example, if you have received a disciplinary finding from another regulator, you should provide a copy of that decision.
7. What to expect when you report an incident to us
Screening and initial investigation
When you report to us, we will first assess the seriousness of the matter and determine whether it falls within our remit for investigation. We may need additional information from you to assist in that assessment.
If we believe the matter is sufficiently serious then we will raise an allegation of unacceptable professional conduct and/or serious professional incompetence and refer the matter to an Investigations Panel (IP). The IP is made up of three people – one is an architect and the other two are lay people (meaning they are not on the Register of Architects).
The IP looks at the allegation, along with the information provided by you and it will decide whether you have a case to answer at the Professional Conduct Committee (PCC). The IP can:
- dismiss the allegation;
- give you advice about your future conduct or practice; or
- refer the allegation to the PCC.
The Professional Conduct Committee
When an allegation is referred to the PCC, our Case Presenter (a solicitor) will prepare a report and a public hearing is held. The case is considered by a PCC panel. The PCC panel consists of three people:
- 1 architect
- 1 lay person
- 1 legally qualified Chair
After hearing the evidence, the PCC will decide whether you did what is alleged, and if so, whether it should make a finding of unacceptable professional conduct, serious professional incompetence, or both. The PCC can dismiss the case if it believes there is not enough evidence or that any failings are not serious enough to warrant a disciplinary finding.
If it does find you acted in a way which amounts to unacceptable professional conduct and/or serious professional incompetence, it will impose a sanction according to how serious the case is.
The possible sanctions that can be imposed by the PCC are:
- a reprimand (a formal warning);
- a fine – currently up to a maximum of £5000 (payable to HM Treasury);
- suspension from the Register of Architects for up to two years; or
- permanent erasure from the Register
Where the PCC makes a finding of unacceptable professional conduct and/or serious professional incompetence, ARB will publish the decision.
8. How long does the process take?
It can take many months to investigate, especially if there are delays in obtaining the necessary information from third parties such as a liquidator or the courts. We will let you know how long each stage is likely to take, and keep you updated of any changes to those timescales.
9. Is the process confidential?
Our investigation will only become public if it reaches a PCC hearing. Before this stage we will deal with the matter confidentially and will not disclose the information we receive to any third party.
10. Other organisations that may be able to help you
See our Useful Websites page for details of other organisations that may be able to provide you with advice and guidance.