Misconduct charge: it could happen to you

It's a grey Monday evening and you come home to find a letter from the disciplinary investigations team at the IFoA - someone has made an allegation of professional misconduct against you.

What happens now?
All allegations have to be fully investigated, as the IFoA does not operate a preliminary filter. A case manager and an investigation actuary, experienced in the relevant practice area, will be appointed as the investigation team. They will receive support from an external lawyer. You will receive a copy of the allegation and all supporting papers and will be invited to comment. The investigation team may ask for relevant papers from you and may invite you to meet them to take a statement. The case will then be submitted to an adjudication panel.

What should I do?
The most important thing to do is to keep a cool head and cooperate. It is in your interests that the investigation team fully understand your side of the story. That way they can properly reflect your version of events in the case report. There is also a requirement in the disciplinary scheme rules that you cooperate - if not, there may be a further allegation of misconduct. You may wish to seek advice from a senior colleague or another actuary, and also seek legal advice.

What is a case report?
It is a factual report that clearly sets out what has happened. It sets out the allegation from the complainant and your response. The case report allows the adjudication panel to determine whether or not there has been prima facie misconduct. The investigation team do not make any recommendations in the case report. Once the case report has been sent to you, there is a final opportunity for you to submit comments directly to the adjudication panel.

How long is this investigation going to take?
It depends on how complex the case is. At the outset, the investigation team will estimate whether they consider the case to be simple, medium or complex to investigate. The Disciplinary Board's target timescales for completing the investigation stage range from six to 24 months depending on the complexity.

Can the investigation team add additional allegations beyond the original complaint?
Yes. If in the course of the investigation they come across possible additional misconduct, this can be added to the case report. As with the original complaint, you will always have a full opportunity to comment on any additional matters.

Why do investigations take so long?
An allegation of professional misconduct can be very stressful, so the investigation team do their utmost to conclude an investigation as quickly as possible. However, there are often many files to go through and issues that may be complex and require external expert opinion. It is important for all concerned that the allegations are properly investigated and that the case report is clear so that the adjudication panel can make a fully informed decision.

What is an adjudication panel?
An adjudication panel meets in private to consider each case report. It usually comprises one lay member and two actuary members. There are three courses of action it can take.

• It can determine that there is no prima facie evidence of misconduct and dismiss the allegation. If so, there is no publicity, and the respondent and the person who made the allegation get a determination explaining the reasons.

• It can make a finding of misconduct and impose a sanction that can be accepted by the respondent. If the respondent does not accept this finding, they can have their case referred to a disciplinary tribunal.

• It can decide that the matter is so serious that its powers of sanction are not sufficient and refer the matter to a disciplinary tribunal panel.

An adjudication panel has powers to reprimand, order retraining and/or impose a fine of up to £7,500. Adjudication panel findings of misconduct are published in The Actuary and on the IFoA website.

If you have any queries or would like to get in contact, email [email protected]