Report of the Professional Conduct Committee 2 July 2024

Author: Rui Carvalho Pais, Professional Conduct Manager

Date published

3 December 2024

The Institution of Structural Engineers The Institution of Structural Engineers
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Report of the Professional Conduct Committee 2 July 2024

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Author

Rui Carvalho Pais, Professional Conduct Manager

Date published

3 December 2024

Author

Rui Carvalho Pais, Professional Conduct Manager

The summaries of the outcomes of three cases are published.

In accordance with Procedural Rule 8.3 (01/19/V3REG4_2) the following summary of a decision of the Professional Conduct Committee is published with the member's name:


A complaint was made to the Institution arising out of the appointment of Mr Iqbal Zafar to provide structural calculations and drawings in relation to a basement extension. Taking all matters into account the PCC, on 20 September 2020, had found that Mr Zafar failed to respond to requests from the checking engineer; failed to demonstrate the competency required to undertake work that involved basement works with adjacent properties; failed to provide evidence of Professional Indemnity insurance cover; and failed to provide adequate terms of engagement. 

 The PCC, taking all matters into consideration in its findings above decided that the member failed to comply with Articles 1, 3, 5 and 6 of the Code of Conduct.

The PCC issued a Training Order pursuant to Regulation 4.2.2.1(3) in the specific areas of :

  1. Understanding the Party Wall Act and appointment;
  2. Drafting terms of professional work;
  3. Effective and timely communications for engineers;
  4. Understanding the difference between types of insurance relevant to structural engineers.

Mr Zafar subsequently failed to comply with the PCC’s Training Order despite a number of extensions of its deadline, resulting in the PCC subsequently ordering three consecutive Suspensions of Mr Zafar’s membership in 2023 and 2024, in accordance with regulation 4.2.2.8 (2).

Due to the on-going absence of any response from Mr Zafar in relation to his Suspensions, or any information which would suggest that Mr Zafar had complied, or made efforts to comply with the PCC’s Training Order, the PCC considered the options available to it and decided to expel Mr Zafar from membership subject to Mr Zafar not responding to the Institution’s notice of intention to expel, by 16 June 2024, pursuant to Regulation 4.2.2.9 and 4.3.2.1 (4). 

Mr Zafar did not respond.

In accordance with Rule 9 of the Disciplinary Procedural Rules, the member was entitled, within 30 days after receipt of the Decision of the PCC to lodge an Appeal. No such Appeal having been lodged: 

Mr Iqbal Zafar is permanently expelled from membership of the Institution of Structural Engineers.

 


_____________________________________________

In accordance with Procedural Rule 2.31 (01/22/V4REG4_2) the following summary of a decision of the Professional Conduct Committee (PCC) is published without the Member's name.


A complaint was made to the Institution arising out of the appointment of a Member to provide structural engineering services to a proposed extension and renovation of a property. 

Taking all matters into account, the PCC found that the Member provided his opinion on matters which fell outside of the Member’s terms of appointment, matters which would typically be the responsibility of an Architect to address. The PCC found that the Member did so without clearly setting out, in writing, who’s responsibility it was to verify that information or opinion.

The PCC also found that the Member failed to respond to a number of requests from his Client when it became apparent that the Client would require an updated opinion.

The PCC, taking into consideration its findings, found that the Member failed to exercise appropriate judgement and that the Member, in doing so, breached Article 6 of the Code of Conduct.  

The PCC issued a Training Order pursuant to Regulation 4.2.2.1(3) which required the Member to undertake specific training, within 6 months, in the area of setting clear scope of services and/or dealing with domestic clients.

The PCC also issued Guidance to the Member, pursuant to Regulation 4.2.2.1(1), in the following terms:

Members should not cause unreasonable delays and should convey their advice sympathetically and with clarity ensuring the client has a good understanding of the advice given.

Members should advise a client and ensure the client understands the limitations of the service, which is to be provided prior to accepting a commission. The scope of the service including any limitations should be re-confirmed in the report.



_____________________________________________


In accordance with Procedural Rule 2.31 (01/22/V4REG4_2) the following summary of a decision of the Professional Conduct Committee (PCC) is published without the Member's name.


A complaint was made to the Institution arising out of the appointment of the Member’s company, to provide structural engineering services in relation to a proposed loft conversion and other alterations. 

Taking all matters into account, the PCC found that the Member provided his opinion on matters which fell outside of the Member’s terms of appointment, matters which would typically be the responsibility of an Architect to address. The PCC found that the Member did so without clearly setting out, in writing, who’s responsibility it was to verify that information or opinion.

The PCC also found that the Member failed to respond to a number of requests from his Client when it became apparent that the Client would require an updated opinion.

The PCC, taking into consideration its findings, found that the Member failed to exercise appropriate judgement and that the Member, in doing so, breached of Article 6 of the Code of Conduct.  

The PCC issued a Reprimand against the Member, the highest sanction available to it (pursuant to Regulation 4.2.2.1(6) ) followed by a Training Order pursuant to Regulation 4.2.2.1(3) which required the Member to undertake specific training, within 6 months, in the area of setting clear scope of services and fee proposals; dealing with Domestic Clients, “change management” and; CPD on how to reconsider the costs and actual effort required to undertake those projects.

The PCC also directed the Member to provide an Undertaking pursuant to Regulation 4.2.2.1(4), in the following terms:

I, <member’s name>, shall:

  • Adopt the principles learned, via the Training Order, into my practice.

  • Provide the PCC with a copy of my standard Terms and Conditions following completion of the Training Order. The updated T&Cs document shall set out the information requirements necessary to carry out any project, as well as, to provide a framework in which a fuller briefing document can be generated to leave less room for misunderstandings with Clients.

  • Put in place a customer complaint handling procedure which shall be used in my practice.

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