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Where a number of complaints are made against a single architect, ARB will consider whether, if they amount to a case to answer, they should be dealt with as a single case at the PCC or as two or more cases.

Generally, where the allegations are based on the same facts and circumstances, they will all be dealt with together.

ARB will also usually look to have all outstanding allegations arising from different facts dealt with together. ARB may exceptionally, however, decide that more than one case is required, for example, to avoid undue delay or for effective case management. Where unconnected allegations are at substantially different stages of investigation, ARB will generally not delay the hearing of earlier allegations to allow later allegations to catch-up, unless there is a particular reason to do so.

Once allegations against an architect have been determined by the PCC, ARB will not attempt to bring a further case based on the same alleged misconduct even if new complaints are received from different individuals, different sections of the Code of Conduct could be referred to, or new evidence relating to the same conduct comes to light.

Where the issues to be determined are not the same as in a previous case, but the allegations are connected with allegations which have previously been the subject of a determination by the PCC, ARB will consider whether in the circumstances the allegations could and ought to have been included in the earlier case and whether as a result it would be unfair and inappropriate to bring a further case against the architect concerned.

April 2014

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