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During 2012 the Tribunal heard charges brought against 13 members of CILEx and in 2013 the Tribunal heard charges brought against 20 members of CILEx.


In 2014 The Tribunal heard charges brought against 9 members of CILEx. Some of these cases will have been referred to the DT from the PCP in 2013.


3 cases involved examination misconduct; 1 related to a failure to declare prior conduct and 5 others concerned prior conduct and related matters; 7 arose as a result of complaints from third parties and 2 from a complaint by a client.


The Tribunal found the charges proved in 6 cases, and in 3 cases IPS withdrew the charges. 4 members were excluded indefinitely. 1 member was fined and reprimanded, and 1 member was reprimanded. In all cases where IPS applied for costs, members were ordered to pay those costs. No orders for costs were made against IPS.


These outcomes are expressed in percentage terms in the chart below.


Outcomes of cases referred to Tribunal 0%


30% 0% 40% 10% 0% 20%


Exclusion Reprimand or warning Conditions Fine Warning No further action Withdrawn /no evidence Not Proven


The following graph demonstrates the number of cases heard by the Tribunal each year since 2007.


25 20 15 10 5 0


Number of cases


required an adjournment. In one case the determination by consent procedure was entered into but which was then not agreed by the member. This meant the case was referred back to the Disciplinary Tribunal. In some cases the members were not within the jurisdiction and additional time was allowed to ensure that they could deal with matters with consideration.


Timescale 0 – 3


months 4 – 6


months 7 – 9


months


10 – 12 months


Over 12 months


2014 0


3


(33%) 5


(55%) 8


(88%) 9


(100%) 3.2 Equality and diversity


Of the 9 members whose conduct was referred to the Tribunal, 2 were female of whom 1 was of white ethnic origin, 0 were of Asian ethnic origin and 1 of black ethnic origin. Of the 7 males, the information available indicates that 1 was of white ethic origin, 2 were of Asian ethnic origin and 4 were of black ethnic origin.


The data demonstrates therefore that 22% cases considered by the Tribunal involved females and 78% involved males in comparison to the overall CILEx membership which is 25% male. The data identifies that 22% cases involved members of white ethnic origin and 78% from BAME background compared to 12% CILEx members who come from a BAME background.


Of the cases heard and found proven, 1 was brought against a female (1 was of white ethnic origin) and 5 against males, (1 was of white ethnic origin, 2 of Asian ethnic origin, and 2 were of black ethnic origin).


4 APPEALS PANEL 2007 2008 3.1 Timescales


An analysis was undertaken of the time taken to consider cases referred to the Tribunal. The table below sets out the time taken to deal with allegations of misconduct, measured from the date of referral to the Tribunal by the Professional Conduct Panel, to determination of the case.


IPS key performance indicators set a target of 65% of cases being disposed of within 6 months, and 100% in 9 months. The information below shows that IPS’ target has reduced from last year in both its 6 month and 9 month target. This has largely been as a result of cases being adjourned by the Disciplinary Tribunal where legal issues have been raised or where the member has


30 Professional standards for specialist lawyers 2009 2010 2011 2012 2013 2014


The Appeals Panel is responsible for considering appeals made against decisions of the Professional Conduct Panel and Disciplinary Tribunal. Its remit also includes considering appeals against decisions made under the delegated decision procedure.


The Panel sits as a panel of three, with a majority of lay members. One member will be a Fellow of CILEx. No Panel member may be a member of CILEx Council or the IPS Board. Panel members must not have sat on the panel which previously considered the matter.


Appeals must be made to the Panel under the grounds and in accordance with the procedure set out in the IDAR. The Panel has the power to affirm or vary the findings of the original panel. In determining what action to take, the Panel has available to it all the powers available to the original panel.


The Appeals Panel considered 3 appeals in 2014. 1 of these was an appeal made by an applicant who had been refused membership of CILEx; none of the appeals were successful. No costs order was made against IPS.


2013 0


9


(45%) 11


(100%) 0


0


2012 6


(27%) 4


(45%) 2


(58%) 10


(100%) 0


Number of cases 2011 0


2010 0


5


(46%) 1


(56%) 5


(100%) 0


8


(89%) 1


(100%) 0


0


2009 0


4


(40%) 6


(100%) 0


0


2008 2


(25%) 1


(37.5%) 1


(50%) 1


(62.5%) 3


(100%)


2007 1


(25%) 3


(100%) 0


0 0


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