ARB Registration (Architects Registration Board) Investigations, Complaints and Discipline Syllabus

What forms of evidence may be presented and tested at a PCC hearing?

Documentary evidence, expert evidence (e.g. on competence in SPI cases), and oral evidence from witnesses, who can be examined and cross-examined. The architect may call their own witnesses and evidence.

In an SPI case, why is expert evidence often important?

Because the panel (especially lay members) needs an objective professional benchmark of the standard of competence reasonably expected, against which the architect's work can be judged as seriously incompetent or not.

What is 'consensual disposal' in the ARB disciplinary process?

A route by which a case is resolved by agreement between the architect and the ARB without a contested hearing — typically where the architect admits the facts and an agreed outcome (such as accepting an order or undertaking) is approved, saving the cost and stress of a full hearing.

What is an 'undertaking' in the disciplinary context?

A formal promise by the architect to do or refrain from doing something (e.g. undertake training, limit certain work, or remedy a failing), used as part of consensual disposal or alongside an outcome to address the concern.

When is consensual disposal generally NOT appropriate?

Where the public interest requires a public hearing — e.g. serious cases, where facts are disputed, where erasure may be warranted, or where public confidence demands transparent adjudication.

List the disciplinary orders (sanctions) available to the PCC, from least to most severe.

1) Reprimand; 2) Penalty order (a fine); 3) Suspension order (removal from the Register for a fixed period, up to 2 years); 4) Erasure order (removal of the architect's name from the Register).

What is the maximum period for which the PCC may suspend an architect under a suspension order?

Up to 2 years. After the period the architect's name is restored, subject to any conditions or re-entry requirements.

What is the effect of an erasure order?

The architect's name is removed from the Register, so the person may no longer practise or use the title 'architect' in the UK. It is the most serious sanction and is reserved for the gravest cases.

What is a reprimand and when is it used?

A reprimand is a formal recorded censure of the architect that allows them to remain in practice. It is used where UPC/SPI is established but is at the lower end of seriousness and does not require suspension or erasure.

Up to what amount may a penalty (fine) order be, and to what is it linked?

A penalty order is a financial penalty set by reference to the standard scale of fines (criminal-style scale levels). The maximum is fixed by the scale; it is used where a reprimand is insufficient but suspension/erasure is not warranted.

What principle guides the PCC in choosing a sanction?

Proportionality — the sanction must be the least restrictive necessary to protect the public, maintain confidence in the profession and uphold standards. Sanctions are not primarily punitive; they are protective and deterrent.

After UPC or SPI is established, what is the usual order in which the PCC considers sanctions?

It works up the ladder from least to most severe: first consider taking no action/reprimand, then penalty, then suspension, then erasure — choosing the lowest sanction that adequately meets the public interest.

To which court may an architect appeal against a PCC disciplinary order?

The High Court (in England and Wales; the Court of Session in Scotland / High Court of Northern Ireland for those jurisdictions).

What is the time limit for an architect to appeal a PCC decision to the High Court?

28 days from the date the disciplinary order/notification is served on the architect.

What can the High Court do on hearing an appeal against a PCC order?

It may dismiss the appeal, allow it and quash the order, substitute a different order/decision, or remit the case back to the PCC for re-hearing, with directions.

When does a PCC disciplinary order generally take effect given the appeal right?

Orders typically take effect after the appeal period expires (or once any appeal is determined), so that the architect's appeal right is not pre-empted — except where the order is made immediate for public protection.

What is meant by 're-entry' to the Register following suspension?

On expiry of a suspension period the architect's name is restored to the Register, provided any conditions attached (such as completing training or meeting competence requirements) have been satisfied.

How does a person who has been erased seek re-entry to the Register?

They must apply to be re-entered/re-admitted; an erased person can apply (often after a minimum period) and must satisfy the ARB/PCC that they are now fit to practise and that re-admission is in the public interest before their name is restored.

What must an applicant for re-entry after erasure typically demonstrate?

Genuine insight into the original failing, remediation of the deficiency, current competence and good character, and that public confidence would not be undermined by their return to the Register.

Are PCC decisions published, and why?

Yes — PCC decisions are normally published (e.g. on the ARB website and in ARB communications) in the interests of transparency, public protection and deterrence, so the public and profession are informed of the outcome.

What is the reputational impact on an architect of a published PCC decision?

Published findings of UPC/SPI, even a reprimand, are publicly searchable and can seriously damage the architect's professional reputation, client relationships and employability — a significant consequence independent of the formal sanction.

Can the ARB investigate an architect's conduct that occurred outside their professional architectural work?

Yes — conduct outside practice (including criminal convictions and serious dishonesty in private life) can be relevant where it bears on fitness to practise or undermines public confidence in the profession.

What happens to a complaint that, even if fully proved, would not amount to UPC, SPI or a relevant conviction?

It is closed at the assessment stage and not referred to the PCC, because it does not cross the regulatory threshold — ARB cannot act on matters below the seriousness bar even if the facts are accepted.

Who carries the burden of proving the allegations at a PCC hearing?

The ARB (as the body bringing the case) bears the burden of proving the facts; the architect does not have to prove their innocence. The standard applied is the balance of probabilities.

Distinguish a 'penalty order' from a 'reprimand'.

A reprimand is a formal censure with no financial penalty, recorded against the architect who continues in practice. A penalty order imposes a financial fine (by the standard scale) in addition to remaining on the Register — it is a step up in severity from a reprimand.

Distinguish 'suspension' from 'erasure'.

Suspension temporarily removes the architect from the Register for a fixed period (max 2 years), after which they may return; erasure permanently removes the name, and the person can only return by a successful re-admission application. Erasure is the more severe.

What three over-arching objectives underpin ARB's disciplinary/regulatory function?

Protecting the public (consumers of architectural services), maintaining public confidence in the profession, and upholding proper professional standards and conduct. Sanctions serve these objectives, not punishment for its own sake.

In consensual disposal, who must approve the agreed outcome before it becomes final?

The PCC (or its consensual disposal process) must approve the agreed outcome to ensure it adequately protects the public and is in the public interest; the architect cannot simply agree a private deal with the Investigations team without that sanction-level approval.

What recourse does an architect have if dissatisfied with the outcome of a consensual disposal they did NOT agree to?

Consensual disposal requires the architect's agreement; if no agreement is reached the case proceeds to a full PCC hearing, after which the architect retains the right of appeal to the High Court against any order made.

Summarise the end-to-end disciplinary pathway from complaint to possible appeal.

Complaint received from any source → initial assessment/investigation by the Investigations team → threshold test for UPC/SPI/relevant conviction → either close, consensual disposal, or referral to the PCC → public hearing on the balance of probabilities with representation, evidence and witnesses → finding and proportionate order (reprimand, penalty, suspension, or erasure) → publication → right of appeal to the High Court within 28 days → re-entry route after suspension/erasure.