At a hearing of the Architects Registration Board’s Professional Conduct Committee on 20 September 2018 in London, Mr David McSwiney of Leicester was erased from the Register of Architects following a criminal conviction that had relevance to his fitness to practise as an architect.
The PCC heard that in 2014 Mr McSwiney had been convicted of committing an act outraging public decency by exposing his genitals in a way that was witnessed by a child. He was sentenced to a twelve month community order, with a supervision requirement and an unpaid work requirement of 100 hours. He had failed to disclose to ARB the facts of his conviction, as expected to under the Architects Code of Conduct.
In deciding to erase Mr McSwiney’s name from the Register, the PCC found that only an erasure order was appropriate to protect the public and the public interest given the serious nature of the conviction.
A copy of the Committee’s decision can be found here.
Notes for Editors
ARB is the statutory body established by Parliament under the Architects Act 1997 to regulate the UK architects’ profession in the public interest. The Act requires ARB (among other things) to:
- Maintain the Register of Architects (Section 3)
- Prescribe qualifications for entry to the Register of Architects (Section 4)
- Deal with competence to practise (Section 9)
- Issue a Code which lays down standards of professional conduct and practice (Section 13)
- Regulate use of the title “architect” and prosecute those who use it unlawfully (Section 20)
The PCC is established under Schedule 1, Part II of the Architects Act and is required to consider any report referred to it. The Committee determines whether an architect is guilty of unacceptable professional conduct or serious professional incompetence. Where a guilty finding is made, the Committee will consider whether to make a disciplinary order, which means:
- a reprimand
- a penalty order
- a suspension order (to a maximum of 2 years); or
- an erasure order
Money raised by fines imposed by the Professional Conduct Committee is paid to HM Treasury.
Any queries relating to this matter should be directed to Simon Howard, Head of Professional Standards, at email@example.com