RFCB Fitness to Practise Policy

Purpose

The Relationship and Family Counselling Board (RFCB) has a responsibility to protect the public by ensuring members are able to practise safely, ethically, and competently.

Fitness to Practise concerns are distinct from disciplinary matters and may arise even where no misconduct has occurred.

A member is considered fit to practise when they have the:

a. Skills, knowledge, and judgement required
b. Physical and mental capacity to practise safely
c. Ability to manage professional responsibilities

 

Grounds for Fitness to Practise Review

A Fitness to Practise review may occur where there are concerns regarding:

  • Mental health

  • Physical health

  • Cognitive functioning

  • Substance misuse

  • Professional competence

  • Legal Charges

  • Capacity to practise safely

  • Criminal behaviour relevant to practice

  • Serious behavioural concerns affecting professional performance

Sources of Concern

Concerns may be raised by:

  • Members (self-report)

  • Employers

  • Supervisors

  • Clients

  • Colleagues

  • Members of the Public

  • Board investigations

  • Other credible sources

Preliminary Assessment

The Board will assess whether there are reasonable grounds to proceed with a Fitness to Practise review.

The member will be informed of the concerns and given an opportunity to respond.

Where there is immediate risk to the public, the Board may impose an interim suspension.

Independent Assessment

Where reasonable grounds exist, supported by objective information, the Board may request an independent assessment by an appropriately qualified professional.

The assessment may assist the Board to determine:

  • Capacity to practise safely

  • Appropriate supports or conditions

  • Whether further review is required

The Board may temporarily suspend consideration of the matter pending receipt of the assessment.

Failure by a member to participate in a reasonable assessment request may be considered when determining fitness to practise.

Assessment of Complainant Capacity

Where a complainant's mental health, cognitive functioning, or emotional wellbeing appears likely to materially affect the integrity, reliability, fairness, or safety of a complaints process, the Board may request additional information, including an independent assessment from an appropriately qualified professional.

Such requests will only be made where:

  • Objective information supports the concern

  • The request is reasonably necessary

  • Less restrictive options have been considered

  • The request is proportionate to the circumstances

If the complainant declines to participate, the Board may determine the matter based on the information available or determine that insufficient information exists to proceed.

Members must be given:

a. Opportunity to respond
b. Access to relevant information
c. Right to representation

The Board may:

a. Request medical or professional reports
b. Require supervision reports
c. Refer to an independent assessment panel

 

Outcomes

The Board may determine:

  • No concerns identified

  • Mediation between parties

  • Monitoring required

  • Additional supervision required

  • Professional development required

  • Require treatment or support

  • Conditions on membership

  • Temporary suspension

  • Referral to appropriate support services

  • Removal of membership where necessary to protect the public

Principles

Fitness to Practise matters will be managed according to:

  • Natural Justice

  • Procedural Fairness

  • Privacy Act 2020 requirements

  • Human Rights Act 1993 considerations

  • Public protection

  • Least restrictive intervention necessary

The primary purpose of this policy is public protection while supporting members wherever possible to return to safe professional practice.

Reviewed every three (3) years.