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REPs Professional Practice Committee

Organisations:

“REPs” – the Register of Exercise Professionals of the United Kingdom.
The Register of Exercise Professionals (REPs) has been set up to help safeguard and to promote the health and interests of people who are using the services of exercise and fitness instructors, teachers and trainers. The Register uses a process of self-regulation that recognises industry-based qualifications, practical competency, and requires fitness professionals to work within a Code of Ethical Practice. Members of the Register are given a card and certificate of registration to prove their qualification and status of membership.

The REPs creates a framework within which individual instructors can achieve the highest standards of professionalism, linked to best practice in the exercise and fitness industry. Registration is achieved and maintained through the gaining of qualifications and training which are nationally recognised and which are linked to the National Occupational Standards for exercise and fitness.

“SkillsActive” – the Sector Skills Council for active leisure and learning.
SkillsActive is recognised and licensed by Government and is charged with leading the skills and productivity drive within the Sport and Recreation, Health and Fitness, Playwork, The Outdoors and Caravan industries – known as the Active Leisure and Learning Sector.

SkillsActive is a registered charity and a membership organisation for employers and voluntary organisations in active leisure and learning sector. Funding for SkillsActive’s core activities comes from the Sector Skills Development Agency, as a result of being licensed by Government.

“The Board” – the Board of Governors for REPs.
The Governors of the Register of Exercise Professionals, who are appointed by the Directors of SkillsActive Charity Board, and are responsible for the administration and management of REPs. They promote the work of that Register and supervise its effective operation.

“SAFE” - the SkillsActive Employers Council for fitness.
SAFE is a strategic group of employers and fitness industry stakeholders which advises the Board, SkillsActive and REPs on issues of education, training, qualification, standards, business development, and Government agenda.

“The TEG” – the Technical Expert Group (or groups).

The TEG is a sub-group of SAFE comprising experts who can assess and recommend on technical issues and development of National Occupational Standards for exercise and fitness. It undertakes formal recognition of qualifications and endorsement of training programmes on behalf of SkillsActive and REPs. The SAFE appoints members of the TEG.

“The PPC” – the Professional Practice Committee for REPs.
This is a small panel of business, industry experts, and others, including members of REPs who hear appeals arising from misconduct, misrepresentation, or unfair treatment by, or to, the members of REPs. It holds hearings and decides upon complaints from members of the public about members of the Register, and it also hears complaints from members about service failure from REPs endorsed training providers. The PPC approves new members to the REPs and their removal from the Register for non-compliance with the requirements of registration and re-registration.

SAFE and the Registrar advises the Board (of Governors) on the appointment of the members of the Professional Practice Committee.

The Professional Practice Committee – brief summary of purpose:
The REPs operates a PPC which settles any disputes or appeals with regard to the Register or registration, and hears complaints from the public and generally:

  • Considers issues of reported professional misconduct made by members of the public

  • Hears appeals from applicants to the Register or those on the Register who feel they were not fairly treated or feel they have been wronged

  • Hears appeals from applicants who submit training for endorsement and qualifications for approval to the Technical Expert Group who feel they were not fairly treated or feel they have been wronged

  • Hears complaints from members (of the Register) who are dissatisfied with the service provided by endorsed training providers and those delivering industry recognised awards

  • Oversees the implementation of the Code of Ethical Practice for members of the Register and the Code of Practice for endorsed training providers and those delivering industry recognised awards

  • Approves applications for registration and entry to the Register

  • Determines those members of the Register who will be removed for non-compliance with registration requirement

To fulfil these functions, the PPC will comprise representatives appointed by the Board and approved and recommended by SAFE, and will usually include:

  • An independent Chairperson – usually the Chair of the Board – or nominee

  • An industry operator

  • An industry operator with an HR background

  • A representative from an Awarding Body

As required, the following people may be involved, and are considered permanent members:

  • A legal representative

  • A financial expert

  • An independent insurance expert

  • An elected member from the Register

The PPC may co-opt other people as required and as demanded by the nature of the appeal or dispute before it, but these people have no permanent status. Each permanent member of the PPC has a vote, with the Chairperson having a casting vote in the event of a tie. Co-opted members do not have voting rights.

The PPC will meet as required, with the Registrar providing the secretariat, and meetings will be held in public.

Scope of appeals and complaints: Any current member of the Register or applicants to the REPs; any REPs endorsed or approved training provider; employer or employer organisation, will have the right to appeal a decision made by the Registrar, TEG or SAFE in relation to matters concerning the REPs.

The appellant shall have 30 days from the date they receive notice of the decision to submit written notice of their intention to appeal. This shall include detailed reasons for the appeal, and should be addressed to the Board of Governors at:

The Register of Exercise Professionals
Third Floor
8 – 10 Crown Hill
Croydon
Surrey
CR0 1RZ

Any person/organisation wishing to initiate an appeal beyond the 30-day period must provide a written request stating reasons for an exemption to this requirement. The decision to allow or not allow an appeal outside the 30-day period shall be at the sole discretion of the Board of Governors.

A complaint about a registrant can be made by any member of the public, other employee, or employer in respect of alleged professional misconduct or the breaking of the Code of Ethical Practice. Such complaints, in the first instance, will be made to the Registrar who will conduct an inquiry, and will refer the matter to the PPC.

The PPC will consider any need for sanctions against the registrant. The appropriate authority will deal with criminal allegations.

A complaint made by a member about a failure in service received by a REPs endorsed training provider or training provider delivering an industry recognised award will be considered in the context of the Code of Practice for Training Providers issued by the Register, and will be made to the Registrar in the first instance who will conduct an inquiry, and will refer the matter to the PPC. A complaint made by a member about an approved training provider will be made to the Registrar who will pass the matter to the approved centre Awarding Body.

Grounds for appeal:
A decision cannot be appealed on its merits alone. An appeal may be heard only if there are sufficient grounds for the appeal. Sufficient grounds include the Registrar or TEG, or ECUK in relation to matters concerning the REPs being accused of:

  • Making a decision for which they did not have authority or jurisdiction

  • Making an error on procedure, or

  • Making a decision in the absence of material evidence that was not available at the time of the original decision

Complaints about members of the Register:
Complaints about the professional conduct of a member of the Register shall be directed to the Registrar who will ensure the following:

  • The complaint is made in writing

  • The Registrar is able to identify the registrant against whom the complaint is made

  • The details of the complaint are clear

  • The name and address of the complainant is clear

  • The complainant signs the complaint

As soon as practicably possible, upon receiving a complaint the Registrar will determine whether the complaint comes within the scope of the conduct policy or whether the matter should be referred to another authority.

A complaint made in the proper form and falling within the scope of the activities of the REPs and Code of Ethical Practice will act as an instruction for the Registrar to conduct an investigation and to prepare a report and record for the PPC. In the process of the investigation the Registrar will:

  • Within 14 days of the Registrar receiving the complaint, a copy of it will sent by registered mail to the registrant.

  • Within 14 days from the date of receiving the complaint the registrant should respond, in writing to the Registrar. In extraordinary circumstances the Registrar may decide to extend the time for reply.

  • Taking into consideration the nature of the complaint and the reply of the registrant, the Registrar shall determine:

    • That the complaint is without merit, and shall inform all involved parties, in writing of the decision, and the PPC will be informed, or

    • That disciplinary action against the defendant (registrant) is possible if the complaint is upheld at a hearing, or

    • That further investigation is needed

If the Registrar determines that further investigation is required, an officer may be appointed, or the Registrar will conduct the matter in person. This will comprise the interviewing of both parties and any witnesses and any one else who may have relevant information concerning the complaint. At the conclusion of the investigation, the Registrar will decide if there is a case to be heard on its merits and a report will be forwarded to the PPC to convene a formal hearing.

If the complaint is without merit the matter shall be considered closed, and the PPC informed of the Registrars decision.

If, in the opinion of the Registrar, the alleged offence is of such seriousness the registrant may be suspended from the REPs pending the decision of the Appeal and Hearing Panel.

Complaints about REPs endorsed training providers:

Complaints (by members of REPs) about the services delivered by an endorsed training provider or one who is delivering an industry recognised award shall be directed to the Registrar who will ensure the following:

  • The complaint is made in writing

  • The Registrar is able to identify the training provider against whom the complaint is made

  • The details of the complaint are clear

  • The name and address and registration number of the complainant is clear

  • The complainant signs the complaint

As soon as practicably possible, upon receiving a complaint the Registrar will determine whether the complaint comes within the scope of the conduct policy of the Code of Practice for Training Providers or whether the matter should be referred to another authority.

A complaint made in the proper form and falling within the scope of the activities of the REPs and Code of Practice will act as an instruction for the Registrar to conduct an investigation and to prepare a report and record for the PPC. In the process of the investigation the Registrar will:

  • Within 14 days of the Registrar receiving the complaint, a copy of it will sent by registered mail to the named training provider.

  • Within 14 days from the date of receiving the complaint the training provider should respond, in writing to the Registrar. In extraordinary circumstances the Registrar may decide to extend the time for reply.

  • Taking into consideration the nature of the complaint and the reply of the registrant, the Registrar shall determine:

    • That the complaint is without merit, and shall inform all involved parties, in writing of the decision, and the PPC will be informed, or

    • That sanctions against the defendant (training provider) are possible if the complaint is upheld at a hearing, or

    • That further investigation is needed

If the Registrar determines that further investigation is required, an officer may be appointed, or the Registrar will conduct the matter in person. This will comprise the interviewing of both parties and any witnesses and any one else who may have relevant information concerning the complaint. At the conclusion of the investigation, the Registrar will decide if there is a case to be heard on its merits and a report will be forwarded to the PPC to convene a formal hearing.

If the complaint is without merit the matter shall be considered closed, and the PPC informed of the Registrars decision.

Screening of appeal and disciplinary hearing:
Within 30 days of receiving the notice of appeal/report from the Registrar, the PPC shall decide whether or not there are sufficient grounds for appeal or hearing. If the appeal or hearing is denied on the basis of insufficient grounds, the appellant/defendant shall be notified of this decision in writing, giving reasons. This decision is at the sole discretion of the PPC and may not be appealed.

If the PPC are satisfied that there are sufficient grounds for an appeal and/or to hear a disciplinary matter of alleged professional misconduct, or failure of service by an endorsed training provider they shall direct that an Appeal and Hearing Panel be appointed to hear the appeal.

The Appeal and Hearing Panel:
The Appeal and Hearing Panel shall consist of the permanent members of the PPC, together with other people who may be co-opted to assist the Panel.

The members of the Panel shall have no significant relationship with the appellant, shall have had no involvement with the decision being appealed, and shall be free from any other actual or perceived bias or conflict.

Appeal and/or hearing on the record:
An appeal or hearing shall consist of a review of the record by the Appeal and Hearing Panel supplemented by the appellants and/or defendants oral argument. The Registrar will provide a complete record to the Panel which record shall include all relevant information, and will generally, but not exclusively include:

  • The decision under appeal/consideration previously made by the Registrar

  • Reasons for the decision

  • The original complaint

  • All documentary evidence, including any investigative reports, third party statements, etc

  • Transcripts of evidence

Procedure for the hearing:
The Panel shall govern the hearing by such procedures as it deems appropriate in the circumstances, but will generally follow:

  • The hearing being held within 30 days of the appointment of the Panel

  • The appellant/defendant shall be given 21 days of written notice of the date, time and place of the appeal hearing, and these will also be posted on the Website of the REPs as a public notice

  • A quorum shall be three permanent members of the PPC, and decisions shall be by majority vote

  • A representative may accompany the appellant/defendant

  • In circumstances where it is difficult to adhere to the timetable set out above, the Panel may, at their discretion, but with the consent of the appellant/defendant adjust the timings

In the situation of hearing a case of professional misconduct, the Panel may apply the following conditions, if appropriate:

The hearing is held in private, and may be conducted by person, telephone, or conference arrangement to avoid a face-to-face meeting

  • The use of a translator

  • Request that witnesses to the alleged offence be present

  • Representative may accompany the defendant and the complainant, although entirely at their own cost

  • The hearing may proceed in the absence of the defendant

Where a defendant acknowledges the facts of the complaint they may waive their right to be heard at the hearing in which case the Panel shall determine the appropriate disciplinary or other sanction. However, the defendant has the right to attend a hearing to offer mitigation before disciplinary or other sanction is taken.

Appeal and/or hearing decision:
Within 14 days of the appeal hearing, the Panel shall issue its written decision, with reasons. In reaching its decision, the Panel shall have no greater authority than that of the original ruling and decision, and may decide:

  • To void or confirm the decision being appealed

  • To refer the matter to the Board for a new decision

  • To determine how the costs of the appeal shall be allocated, if at all

Furthermore, in the hearing of cases of alleged professional misconduct or in the misuse of the Code of Ethical Practice for members of the Register the Panel will decide absolutely on any disciplinary sanction, which may include all, or some of the following:

  • A written reprimand

  • A verbal or a written apology, or both

  • Recommended further education, training, qualification, personal development

  • Suspension from the REPs for a specified time

  • Striking off the REPs

  • Payment of the full cost of handling and dealing with the case

In applying any disciplinary sanctions the Panel may have regard to the following aggravating or mitigating circumstances:

  • The nature and severity of the offence

  • Whether the incident is a first offence, or has occurred repeatedly

  • The defendant’s acknowledgement of responsibility

  • The defendant’s extent of remorse

  • The defendant’s co-operation with the procedures

  • The age, maturity and experience of the defendant

  • The extent to which others were harmed by the defendants actions

In the hearing of cases of alleged service failure or in the misuse of the Code of Practice for endorsed training providers, the Panel will decide absolutely on any sanction, which may include all, or some of the following:

  • A written reprimand

  • A verbal or a written apology, or both

  • Suspension from the REPs schedule of endorsed training providers for a specified time

  • Suspension of the industry recognised award for a specified time

  • Complete removal of all contact and recognition by REPs of the provider and notice of action taken

  • Payment of the full cost of handling and dealing with the case

In applying any sanctions the Panel may have regard to the following aggravating or mitigating circumstances:

  • The nature and severity of the offence

  • Whether the incident is a first offence, or has occurred repeatedly

  • The defendant’s acknowledgement of responsibility

  • The defendant’s extent of remorse

  • The defendant’s co-operation with the procedures

  • The defendant’s actions to rectify the failure of service

In all cases a copy of the decision of the Panel shall be provided to the appellant/defendant, and any disciplinary or other sanctions applied shall not take effect until the time period for an appeal has expired, or a further appeal/arbitration has been decided. When a decision is clear it will be posted on the Website for the REPs.

Appeal and arbitration on the decision of the Panel:

  • Any person, body or organisation who is subject to a decision by the Appeals and Hearing Panel of the PPC shall have the right to appeal that decision to the Board for a final decision.

  • Any appeal regarding a disciplinary decision by the Panel shall be referred to arbitration, such arbitration to be decided by the Chief Executive of Sport England.

  • Any notice of an appeal to a decision given by the Appeals and Hearing Panel should be sent, by registered mail, to the Registrar within 14 days of the decision being given by the Panel.

Applicable law:
The operations of the PPC are to be governed by and construed according to English law.

Costs:
The charging arrangement for processing appeals and hearings will be agreed with the Registrar