Professional Conduct Committee reprimands architect

Professional Conduct Committee reprimands architect (20/12/2007)

At hearings of the Architects Registration Board’s Professional Conduct Committee in London on 15 May and 11 December 2007, architect Mark Heyes of Heyes & Co, 7 Bamber Bridge, Preston was issued with a reprimand after being found guilty of unacceptable professional conduct.

The Committee was told that Mr Heyes had been using the designatory letters “RIBA” when he was not entitled to do so, despite being informed by the Royal Institute of British Architects (RIBA) that he had not paid his membership fee.

The Committee heard that Mr Heyes had been appointed to work on three separate projects in the North West of England in 2003. It emerged that the architect had informed his client that he had secured planning permission for the properties when he had not, and such misrepresentations cost his client money.

The architect had also improperly withdrawn money from the client account, although this was later repaid, and failed to manage his personal and professional finances properly. He was ultimately declared bankrupt. The Committee was also asked to note that Mr Heyes failed to notify the ARB of his bankruptcy, as set down in the Code of Conduct.

At the Hearing on 15 May, Mr Heyes admitted that the above amounted to unacceptable professional conduct. In mitigation, he asked the Committee to accept that his failings had arisen from poor office procedures rather than from any wilful desire to mislead. The Committee decided to adjourn the matter for six months to give the architect an opportunity to implement a quality management system that might prevent the recurrence of such oversights.

Mr Heyes reappeared before the Committee 11 December 2007. In the intervening period, he had sought assistance from the RIBA to help him overcome his previous problems and implement good quality control systems. In the circumstances, the Committee decided that while the previous failings were extremely serious, a reprimand was the appropriate penalty.

The Committee Chairman commented that on occasions, small practices do struggle, but good quality control procedures can often help ensure that they are not overwhelmed with paperwork.

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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 (inter alia) 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)

Standard 8 of the Board’s Code of Conduct and Practice requires that architects maintain appropriate professional indemnity insurance. The Board has stated that six years worth of run-off cover is required to cover claims from previous projects.

It is an offence for any person not on the Register of Architects to use the title ‘architect(s)’ in business or practice.

Any monies from fines imposed by the Professional Conduct Committee are paid to HM Treasury.

ARB has a Board of 15 members, seven of whom are architects elected by the profession. The remaining eight are members of the public appointed by the Privy Council to represent the interests of consumers and users of architectural services.

For further information on the PCC, please contact Simon Howard on 020 7580 5861, or by email, simonh@arb.org.uk