Professional Conduct Committee Decisions

ARCHITECTS REGISTRATION BOARD

PROFESSIONAL CONDUCT COMMITTEE

IN THE MATTER OF

MR OLATUNJI OLAGUNJU (064932E)

On

12 March 2009 & 20 October 2009

Cliffords Inn Conference Centre
Fetter Lane
London EC4A 1LD

PRESENT:

Chair: Miss Angela Deacon
PCC Member: Mr Donal Hutchinson
PCC Member: Miss Christine Mogridge

Ms Nicola Hill appeared as Clerk to the Committee
Mr Iain Miller appeared on behalf of the Board
Mr Olagunju attended but was not represented.

Transcribed from the official tape recording by
Ubiqus, Official Court Reporters
Cliffords Inn, Fetter Lane, London EC4A 1LD
Tel: 020 7269 0370   Fax: 020 7405 9884

CHARGE

The charge is that the architect is guilty of unacceptable professional conduct in respect of one or more of the following:-

1. He failed to make it clear to the client that his services would not incorporate the independent functions of an architect in breach of Standard 1.5 of the Code of Conduct (“the Code”);
2. He failed to provide his client with the correct terms of engagement as required by Standard 11.1 of the Code;
3. He failed to carry out his work faithfully and conscientiously with due regard to relevant technical and professional standards in breach of Standard 4 of the Code;
4. He failed to preserve the security of monies entrusted to him in the course of his practice in breach of Standard 7 of the Code;
5. He failed to deal with a dispute arising between the Client and himself in a prompt and appropriate manner in breach of Standard 12 of the Code.

DECISION

MISS DEACON:  First of all I want to say that we regard the facts of this case to be very serious indeed.  You have caused Mr Adesiyan and his family a lot of distress.  However, rather than erasure from the Register, which we have seriously considered today, we have been persuaded by the documents you have brought today that you have taken some steps since this incident to improve your practice. 

However, we are still concerned that you do not seem to fully understand the management of a practice as would be expected of a competent architect.  For example, distinctions between contracts, understanding the importance and implications of clauses within contracts and explaining these to clients, separation of roles and responsibilities, management of your professional finances as distinct from personal, including the running of a client account, understanding the responsibilities of the day to day running of a building contract.  This is not an exhaustive list.

Thus, we are deferring our final decision on disciplinary orders for six months.  In that time we would like you to address these issues.  We suggest you do this by seeking an independent mentor through the RIBA and undertaking relevant CPD courses.  You will need to bring appropriate documentary evidence demonstrating these concerns have been addressed, and you may think it appropriate that your mentor attends at the next hearing to give evidence.  The ARB will fix a date in six months’ time and at this hearing all our disciplinary options will remain open. 

Thank you.  That is our decision.  You will get a written decision from the office.

AT THE HEARING ON 20 OCTOBER 2009 MR OLAGUNJU SPOKE IN MITIGATION 

DECISION

THE CHAIRMAN:  In March 2009, the Committee found you guilty of unacceptable professional conduct and all allegations proven. 

We deferred making an order, to give you an opportunity to address our concerns, before deciding on a penalty. 

Having considered at great length today the documents you have provided us with and all that you have told us today, it is with great reluctance that we concluded that the only appropriate penalty is erasure. 

It will be open to you to apply for re-entry onto the register in two years time.

You will receive written notification of this decision and that is the conclusion of the proceedings.

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