Sunteți pe pagina 1din 40

Independent/Private practice

as a psychologist
Guidance published by the Professional Practice
Board of the British Psychological Society
These guidelines have been edited by Nigel Atter on behalf of the
Professional Practice Board. The Board is grateful for the
contributions and suggestions from David Trickey, Elaine Ilion
Foreman, Jessica Eade, Karen Kemish, John Hanna, Carolyn
Hurcom and the Division of Clinical Psychologys Professional
Governance Panel.
Published by The British Psychological Society, St Andrews House,
48 Princess Road East, Leicester LE1 7DR.
The British Psychological Society 2008
Cost: 3.75 members; 5 non- members.
ISBN: 978-1-85433-475-6

If you have problems reading this document and


would like it in a different format, please contact us
with your specific requirements.
Tel: 0116 2254 9568; e-mail mail@bps.org.uk.
Contents
Code of Ethics and Conduct 2

Generic professional practice guidelines 3

Data Protection Act 6

Supervision 9

Support and networks 9

Continuing Professional Development 9

Professional indemnity insurance 15

Advertising 17

Marketing 19

Chartered Psychologist logo 20

Fees 20

Part-time work 21

Working self-employed 21

Working from home 22

Health and Safety legislation 22

Crisis management 24

Advice to Members on acting as an Expert Witness 25

Guidelines for the employment of Psychology Assistants 26

Criminal Records Bureau checks 27

The Societys complaint procedures 27

Appendix I: Example Terms of Engagement 28

Useful information 36

Guidance for Psychologists 1


This booklet is intended as a guideline for members in private
practice. It covers areas of interest such as generic professional
practice, setting up in practice, working at home, health and safety
and professional liability insurance.

Code of Ethics and Conduct


The Society recognises its obligation to set and uphold the highest
standards of professionalism, and to promote ethical behaviour,
attitudes and judgments on the part of psychologists by
being mindful of the need for protection of the public;
expressing clear ethical principles, values and standards;
promoting such standards by education and consultation and
implementing methods to help psychologists;
monitor their professional behaviour and attitudes;
investigating complaints of unethical behaviour, taking corrective
action when appropriate and learning from experience;
assisting psychologists with ethical decision making; and
providing opportunities for discourse on these issues.
Under the terms of its Royal Charter, the Society is required to
maintain a Code of Conduct. In 1985 the Society adopted a Code
of Conduct which has been regularly updated. From monitoring
complaints and ethical enquiries, the Societys Ethics Committee
identified a need for a Code which gave more emphasis and support
to the process of ethical decision making.
The Code of Ethics and Conduct, which came into effect on 31 March
2006, should guide all members of the Society and should be read in
conjunction with the Societys Royal Charter, Statutes and Rules.
For further detail see Code of Ethics and Conduct (2006).

2 Independent/Private Practice
Generic professional practice guidelines
The practice of professional psychologists is underpinned by:
Four key ethical values:
Respect
Competence
Responsibility
Integrity.

Five core competences:


Assessment
Formulation
Intervention or implementation
Evaluation and research
Communication.

Assessment
Assessment of psychological processes and behaviour is derived from
the theory and practice of both academic and applied psychology. It
is different from other activities such as diagnosis and includes both
assessing change and stability and comparison with others.
Applied psychologists have the ability to assess the suitability of
different measurement procedures depending on the purpose for
which the assessment is needed, as well as being competent to devise
and use context-specific procedures.
Assessment procedures include:
the development and use of psychometric tests in best-practice ways;
the application of systematic observation and measurement of
behaviour in a range of contexts and settings;
devising structured assessment strategies for individual clients,
teams and organisations; and
the use of a range of interview processes with clients, carers and
other professionals.

Guidance for Psychologists 3


Results of these assessments are integrated within the context of the
historical, dynamic and developmental processes that will have
shaped an individual, family, group or organisation as well as relate
to future aspirations or needs.

Formulation
Formulation is the summation and integration of the knowledge that
is acquired by this assessment process, which may involve a number
of different procedures. This will draw on psychological theory and
research to provide a framework for describing a clients problem or
needs. Because of their particular training in the relationship of
theory to practice, applied psychologists will be able to draw on a
number of models to meet needs or support decision-making. This
process provides the foundation from which actions derive.

Intervention or implementation
Intervention, if appropriate, is based on formulation. This may involve
the use of psychological models or approaches to facilitate change, or
solution of a problem or improvement of the quality of relationships.
Other kinds of intervention may include training, supervision, or
coaching of others (such as professional staff, managers, relatives and
carers), the provision of psychological knowledge through teaching or
the development of skills through supervision and consultation. All
these interventions, or implementation of solutions, are tests of the
provisional hypotheses contained in the formulation and are subject to
iterate modification in the light of experience and new data.

Evaluation and research


Evaluation is a critical and integral part of the applied psychologists
work.
All activities and interventions need to be evaluated both during and
after their implementation. For example, assessment of the stability
and security of change, whether needs are met appropriately, or if
decision-making is supported adequately may be examined. Research
includes the ongoing evaluation of assessment, formulation,
intervention or implementation in relation to specific services

4 Independent/Private Practice
provided. It also includes the development and testing of psychological
theory explorations of psychological processes and outcomes (basic
research), the development and evaluation of specific psychological
interventions (primary research), and the consolidation and
evaluation of primary research (secondary research).

Communication
Communication skills are integral to all aspects of an applied
psychologists role. Effective communication skills are routinely
essential in relation to all aspects of work with others.
Communication skills include communication with individuals,
groups or organisations, all forms of electronic, written and verbal
communication, and the dissemination of research findings.
Professional psychologists help others through the unique
application of research-based psychological knowledge and skills in a
structured process. This process includes assessment (the
identification and analysis of needs and problems of individuals,
groups and organisations), formulation of solutions, intervention or
implementation, followed by the evaluation of outcomes. Clear and
effective communication skills are integral to all of these.

Access to records and record-keeping


Psychologists should follow local and national guidance and statutory
responsibilities regarding the retention of records.
They need to take care when making and/or keeping records to
include only such information as is required for the purpose of their
professional involvement with the subject(s) of their records and to
exclude superfluous information.
Psychologists must bear in mind the potential impact of the
information in their records on all who may have access to such
records, for example, the client, other professionals, managers,
authorised carers, etc. Where possible, distinction should be made
between fact, observation and opinion and judgemental comments
should be avoided.
For further detail see Generic Professional Practice Guidelines (2007).

Guidance for Psychologists 5


The Data Protection Act 1998 Guidelines
The following in formation is provided as a guide to the Data
Protection Act 1998 and it is a brief explanation of the requirements
based on the contents of the Act and Information Commissioners
Office (ICO) advise.

The Act
The Data Protection Act gives individuals the right to know what
information is held about them. It provides a framework to ensure
that personal information is handled properly. The Act works in two
ways. Firstly, it states that anyone who processes personal information
must comply with eight principles, which make sure that personal
information is:
fairly and lawfully processed;
processed for limited purposes;
adequate, relevant and not excessive;
accurate and up to date;
not kept for longer than is necessary;
processed in line with your rights;
secure; and
not transferred to other countries without adequate protection.
The second area covered by the Act provides individuals with
important rights, including the right to find out what personal
information is held on computer and most paper records.

Who the Act applies to


The Act will usually apply to all businesses and organisations
regarless of size or field. Unless you are an individual holding
personal information only for your own domestic use, e.g.an address
book, then you are required to comply with the Act.
If you are required to comply with the Act, you have a number of
legal responsibilities:

6 Independent/Private Practice
a) to notify the Information Commissioner you are processing
information, unless you are a business or organisation that has
personal information only for:
staff administration (including payroll);
advertising, marketing and public relations used only for
your own business; or
accounts and records (some not-for-profit organisations)
b) to process the personal information in accordance with the eight
principles of the Act; and
c) to answer subject access requests received from individuals.
Any individual or organisation that processes personal information is
responsible for adhering to the requirements laid down in the Data
Protection Act. Practising Psychologists should know, understand and
follow the requirements of the Act and adhere to these in a
professional and ethical manner.

Notification
Notification (often refered to as registration) is a statutory
requirement and every business and organisation that processes
personal information must notify the Information Commissioners
Office (ICO), unless they are exempt. Failure to notify is a criminal
offence. Notification currently costs an annual fee of 35 (no VAT
charged), payable to the Information Commissioner's Office.
Detailed information on how to Notify is available at the Information
Commissioners Office website:
http://www.ico.gov.uk/what_we_cover/data_protection/notification.aspx
Even if you are exempt from notification this does not mean that you
are exempt from the rest of the requirements of the Act.
NB: A number of private companies have been contacting businesses
throughout the UK demanding fees of more than 95 to
register/notify your business under the Data Protection Act. Do
not be misled by these 'agencies'. They have no official standing
or powers under the Data Protection Act and there is no

Guidance for Psychologists 7


connection between them and the Information Commissioner's
Office.

Access Rights Requests


Any individual is entitled to know whether or not personal
information is held about them by any business or organisation, and
if so what it consists of . They can make an Access Rights Request in
writing asking for this information and it is a legal requirement to
provide this within 40 days of the request. A detailed checklist
document is provided by the ICO to assist with the handling of these
requests and a copy of this is attached and it is available on-line at:
http://www.ico.gov.uk/upload/documents/library/data_protection/
practical_application/checklist_for_handling_requests_for_personal_
information.pdf

Recommendation
As a practising psychologist you are likely to collate and process
personal information regarding your clients. Therefore, it is strongly
recommended that you Notify (register) with the Information
Commissioner. All businesses have to comply with the Data
Protection Act 1998 so if you keep personal records on a computer
then you must register. Even if you only keep paper records it is
likely that they fall within the Act. The Information Commissioner
promotes good housekeeping and requires that individuals work
within the principals of the Data Protection Act 1998.

8 Independent/Private Practice
Supervision
Psychologists in private practice must have the same levels of
supervision as required for those employed in public organisations.
The opportunity to explore and learn from the practical,
experiential and theoretical elements of professional practice is an
essential component of the psychologists continuing development.
Supervision also provides the forum whereby the individual
psychologists professional work and judgement is open to inspection
by his/her professional peers. It is the responsibility of the
psychologist to ensure that potentially controversial issues, or those
with uncertain ethical implications, are presented for supervision.
For further detail please see the Generic Professional Practice Guidelines
(2007). Please also note the Independent Practitioners Forum has
been used to locate and access supervision.

Support and networks


The Societys Divisions exist to further members professional
interests. Focussed on training and practice, they aim to develop
psychology as a profession and as a body of knowledge and skills.
The Professional Practice Board has established an independent
practitioners discussion forum. Members engage in lively debate on
topics such as expert witness reports, tax and the Inland Revenue,
how to attract more referrals, and much more. Members are able to
access the full archive of discussion threads. There is a real
community spirit fostered by collegial support (contact
ppbchair@bps.org.uk if you wish to join).

Guidance for Psychologists 9


Continuing Professional Development (CPD)
The concept of lifelong learning has arisen as a way of coping with
the accelerating rate of change of modern societies. Continuing
Professional Development (CPD) is an essential aspect of working life
for all professionals in order to keep up to date, enhance knowledge
and skills, deepen understanding, and maintain best practice. The
Society has had CPD requirements for practising chartered
psychologists in place for several years and this serves as one element
in helping to ensure ongoing practitioner development and safety for
the general public and other recipients of psychological services.
The Professional Associations Research Network (PARN) has defined
CPD as any process or activity that provides added value to the
capability of the professional through the increase in knowledge,
skills and personal qualities necessary for the appropriate execution

Reflect on the benefits of


CPD cycle
each CPD activity for your Review practice
clients and yourself
Identify CPD
Evaluate how well each objectives
activity has met the Planning (development
objective you set needs)

Identify any further learning


you want to pursue on this

Reflection Action

Identify learning Undertake CPD


gained and how activities
it relates to your
Outcomes
practice

10 Independent/Private Practice
of professional and technical duties, often termed competence.
PARN is a useful source of information concerning models, measures
and systems for the delivery of CPD (www.parn.org.uk).
The model of CPD preferred by the Society is a cyclical one with four
stages: planning, action, outcomes, and reflection. In order to get
the most out of CPD it is important to engage in the whole cycle with
a focus not just on inputs, but on outcomes and reflective evaluation,
both the application of learning to practice and the identification of
what has been learned through practice.

Getting the most out of CPD


For most people, engaging in CPD involves undertaking a range of
formal and informal activities, which necessitates an investment in
time and money. The following good practice pointers are intended
to help you make the most out of your investment in CPD.

CPD plan
Carrying out a review of your own practice, on at least an annual
basis, is a good starting point for planning your CPD. Thinking about
what you need to update (e.g. new legislation) and the particular
areas that you want to develop can help you to clarify your goals for
the year ahead. This will help you to identify and prioritise your
objectives for CPD for the year and to start planning the most
appropriate activities to achieve the new learning that you need.
For many psychologists in private practice there is likely to be a
significant amount of CPD (e.g. researching a particular topic or
learning a new technique) that is undertaken as the year progresses,
in response to work for clients. Whilst these learning needs may not
have been identified when you carried out your review, your plan is a
living document and can be adapted as the year progresses, to
include new learning needs as they arise. There are also likely to be
some opportunities for CPD that arise serendipitously, e.g. a
conference or workshop on a topic of interest, and reference to your
CPD plan can reconfirm your objectives and help you decide which
would be the most appropriate use of your time an resources.

Guidance for Psychologists 11


CPD activities
CPD can encompass a broad range of activities, both formal and
informal. It is important to remember that most psychologists are
engaging in many of these activities as a normal part of their
professional life. Some examples of CPD are:
Post Qualification training courses.
Presentation or attendance at conferences.
Research.
Preparation of new/updated material for teaching, training or
publication.
Peer group discussion.
Professional committee work.
Reading.
Received or conferred professional supervision.
Systematic reflection on practice.
This list is not exhaustive and there are many other developmental
activities that you may wish to use. The balance of activities
undertaken is likely to vary at different stages in your career. It is
important to remember that the focus of activities should be upon
the learning outcomes and how these are enabling you to develop
and grow professionally.

CPD outcomes and reflection


The important outcome for each individual is what you have learned
as a result of undertaking a particular CPD activity. The aim of
reflection is to identify what has been learned and how this learning
has been used, or will be used. You may wish to consider:
whether the activity has been successful and has met the relevant
professional development need;
how your knowledge skills and/or nderstanding has changed;
whether your perspective or approach has changed in any way;

12 Independent/Private Practice
how it has helped you to develop in relation to your professional
activity; and
what you can do that is different.
Reflecting upon how you have applied/will apply the learning to
your practice can help you to evaluate how well each of your CPD
activities has met your expectations, and to identify the types of
activity from which you have achieved most benefit. You may also
find that the process of evaluation throws up some new learning
objectives, together with some that have only been partially met, and
these can be carried forward to your next phase of CPD planning.

Current Society CPD requirements


Members holding a Practising Certificate are being asked to maintain
a record of their CPD (in line with the requirements) and submit
this to the Society on an annual basis approximately three months
prior to the renewal date of their Practising Certificate. Efforts have
been made to try to ensure that the process is up to date and user-
friendly, hence the provision of an online facility for planning and
recording CPD. The requirements themselves allow a great deal of
flexibility in terms of activities that individuals might use for CPD,
with the emphasis being on a reflective evaluation of the learning
gained and its application to practice, rather than just a log of inputs
and time spent.
Your CPD Summary Log should include:
Professional development needs identified (i.e. your learning
objectives for that year).
CPD activities undertaken.
An overview of your review and reflection on your learning
outcomes and how this relates to your practice.
Any further development needs identified as a result of the review
and reflection.
A link to the relevant Key Role area(s) of the National
Occupational Standards (NOS) in Applied Psychology. The first
four Key Roles are common to all chartered psychologists and

Guidance for Psychologists 13


individuals must be able to relate their CPD to cover at least some
aspect of each of these in every CPD period. These are Ethics,
Practice, Research & Evaluation and Communication. The
Training and Management roles only apply if relevant to your role
as a practising psychologist.
A minimum of 40 hours of recorded CPD activity. This is
considered to be the minimum level of time needed to keep up to
date and applies to all practising chartered psychologists
irrespective of the number of hours worked or level of
experience. Most psychologists working full-time will find that
they undertake significantly more that the minimum.
Further details of the Societys CPD requirements can be found on
the Society website, www.bps.org.uk/cpd-homepage. There is an
online facility for planning and recording your CPD available to
members at www.bps.org.uk/cpd, which many members find to be
an easy way of keeping an ongoing record of their CPD. The
recording format is also available as MS Word templates available
from www.bps.org.uk/cpd-word-summary-log, or on request.

CPD and Statutory Regulation for psychologists


The Society has for many years supported the introduction of
statutory regulation for psychologists who offer their professional
services to the public. Regular updates from the Societys President
about progress relating to statutory regulation are posted on the
Societys website: www.bps.org.uk/statutoryregulation .
The Society is aware that compulsory CPD and checks for
compliance will be a part of Statutory Regulation. Once Statutory
Regulation has been introduced, the role of regulating the CPD of
practising psychologists will become the responsibility of the
regulator. In order to support members and maintain standards
during this period leading up to the introduction of Statutory
Regulation, the Society is continuing to operate a monitoring
function for CPD, i.e. CPD submissions are continuing, together with
the auditing of a random selection of CPD records and provision of
advice for members regarding their CPD planning, recording, and
reflection.

14 Independent/Private Practice
Once Statutory Regulation is in place, it is the Societys intention to
continue to provide the CPD online system as an aid to help
members to plan and record their CPD.
If you have any queries or require any additional information about
CPD please contact the CPD helpline:
Tel: 0116 252 9916 (MonFri 9am5pm) or e-mail: cpd@bps.org.uk

Professional indemnity insurance


It is essential that all psychologists in private practice take out
professional indemnity insurance indeed, they have a duty to do so.
The Society has negotiated insurance cover which is available at a
competitive cost through two approved insurance schemes.
The individual members policy provides cover for:
legal costs (both the psychologists own costs and any other sides costs;
if awarded against the psychologist);
awards of damages;
the legal costs involved in representing the psychologist at
Disciplinary Committee Hearings of the Society; and
legal advice on any personal, professional conduct or business
matter. (It is important to stress that this legal advice helpline is
provided by a totally separate organisation from the one that
provides the insurance cover.)
The premium for this advice helpline is 2 for each insured
psychologist.
This facility is only intended as a support/guidance and advice
helpline it cannot fully answer every question, but will suggest
where to obtain specialist advice. It is not in any way designed to
replace the normal legal advice which every business requires at
some time. It does, however, have the advantage of being available
365 days a year on a 24-hour-a-day basis).

Guidance for Psychologists 15


If a Member becomes aware of an incident which they think might
give rise to a claim against them, they must notify the scheme
brokers immediately so that the insurers are made aware. Advice
taken from the legal helpline does not constitute such a notification,
as this advice is totally separate from the insurers and the brokers.
The insurance policy is designed to be reactive rather than proactive,
designed to respond to claims made against the psychologist. It is not
a legal expenses policy and is, therefore, not designed to allow the
psychologist to take proactive action against others, for example in
the case of possible defamation, where the psychologist wishes to
clear their name.
Those members who work from home must advise their household
buildings and contents insurers that they are doing so in particular
it is essential that insurance cover includes public liability for cover
for accidents to patients while on the premises.
It is most unlikely that business equipment will be covered by a
household contents policy (even where the insurer is aware that the
Member is conducting a business from home).

Firms and companies


The members scheme is designed for individual members only.
Members who trade as partnerships or who are directors of limited
liability companies will need a firms policy which gives additional
cover and is more expensive. All Members are recommended to
discuss their insurance needs with the scheme brokers who can
obtain cover for firms at realistic levels of premium.

Scheme insurance brokers


Professional liability insurance can be obtained from either:
Towergate or Howden
Tel: 0113 294 4000 Tel: 0113 251 5011
E-mail: leeds@towergate.co.uk www.towergate.co.uk
See the Society booklet Professional Liability Insurance for more detail.

16 Independent/Private Practice
Advertising the services offered by
psychologists
The Society is frequently asked for advice on acceptable ways of
advertising the services offered by psychologists. Conversely the
Society has to adjudicate on complaints when it is alleged that a
Member is responsible for an advertisement which is in some way not
entirely legal, decent, honest or truthful. The Professional Practice
Board prepared the following guidelines in an attempt to make
explicit the principles involved.

A definition
An advertisement is defined as a communication addressed directly
to the public or a section of it, the purpose of which is to influence
the behaviour or opinions of those to whom it is addressed. An
advertisement, therefore, includes any announcement of the
professional services of an individual psychologist or group of
psychologists whether working in private practice or for a corporate
employer, appearing, for example, in the press, television, radio, in
Yellow Pages, via a website, or in a directly distributed brochure, both
electronic and hard copy. Different principles would apply to a letter
of introduction which a psychologist might send to a third party (e.g.
a solicitor or medical practitioner) introducing the psychological
services offered to clients who subsequently may be referred at the
discretion of the third party receiving the letter.

The role of the Society


The role of the Society is to ensure that, however Members earn
their livelihood, they advertise their psychological services with due
regard for acceptable standards. Announcements through agencies
should conform to the same standards.

Guidance for Psychologists 17


General concepts
All psychologists should recognise the need to encourage and
preserve a relationship with those to whom their services are offered
which is dignified and based on confidence. They will, therefore,
refrain from making exaggerated and unjustified claims for the
effectiveness of their methods, from advertising services in a way
likely to encourage unrealistic expectations about the effectiveness of
the services offered, or from misleading those to whom services are
offered about the nature and likely consequences of any
interventions to be undertaken.
Some prohibitions or what not to include in an advertisement:
(i) Psychologists should not make any comparative denigration
of the services of other psychologists or practitioners from
other professions. Psychologists should not claim that the
services offered are of superlative quality or that the
psychologist offering the service is likely to give better advice
than others. (Psychologists may, of course, mention their
formal qualifications.) Psychologists will not, however,
advertise their availability to give second opinions or
reassessments.
(ii) When advertising personal services directly to individual
members of the public psychologists should not play on
clients fears regarding their state of health and avoid
stimulating in clients any feeling of dissatisfaction with their
present life situation. For example, a psychologist offering
occupational guidance when reporting this fact should do
nothing to encourage a client to question his or her current
level of job satisfaction.
(iii) Psychologists should not use testimonials in advertisements
for psychological services.
(iv) Psychologists should not claim or imply the certainty of cure
for any conditions to be treated nor the certainty of success
with the resolution of a clients problems.
(v) Psychologists should not offer to refund money to dissatisfied
users of psychological services.

18 Independent/Private Practice
The competence of those claiming expertise in specialist areas of
psychology:
Where psychologists make claims to offer specialist services or
specific treatments (e.g. hypnotherapy) the psychologists concerned
are required to be able to substantiate their claims, e.g. by
demonstrating that they have received relevant training in the area.
Care should also be taken to avoid offering treatment or advice as a
psychologist in areas that do not form part of the discipline and
profession of psychology and in which training is not normally given
to psychologists.
Information about advertising can be found at the Advertising
Standards Agencys website, see www.asa.org.uk
Chartered Psychologists can advertise their services in the Directory of
Chartered Psychologists. Contact the Societys Membership Team for
further details.

Marketing
Traditionally the principal areas of marketing focussed upon: the
product, its price, the place and promotion these are known are
the 4Ps. The marketing mix now consists of:
Product the product and services offered by your practice.
Price see information on Fees see below.
Place where you are located but could also be via the internet.
Promotion The way you communication and what services you
have to offer to clients. It must grab their attention whether it be
via the internet, a magazine, poster or letter. It should be easy to
read and clients should have an easy method to contact you. Also
see guidance on advertising above.
People you, your partners, and staff.
Process How a service is delivered to a client.

Guidance for Psychologists 19


Physical evidence can mean the services to be provided by the
psychologist to a client.
For further information please see the Chartered Institute of
Marketing, which provides some free advice http://www.cim.co.uk/
Also see the Business Link for free advice on marketing
www.businesslink.gov.uk

Chartered Psychologist logo


The logo can be used on advertising, letterheads and business cards
for Chartered Psychologists and can be used to advertise your
services in any appropriate way, i.e. if you are a Chartered
Counselling Psychologist it can be used on any advertisment
promoting your work as a counselling psychologist.
The logo comprises Psyche (in a box) with the words The British
Psychological Society to the right hand
side, and Chartered Psychologist
underneath. It should be used so all three
elements show (i.e. please do not use just
Psyche on her own, or the logo without
the words Chartered Psychologist).

Fees
Because of legislation to foster competition and free trade and
prevent the formation of monopoly practices, professional bodies are
not permitted to give specific guidelines on the fees to charge.
Before setting up in private practice it is wise to check with other
private practitioners as to the level of fees that are currently being
charged in the area. At the time of writing, anecdotal evidence
suggests that practitioners charge somewhere in the region of
between 80 to 200 per hour. It is good professional practice and
sound business sense to make it clear to all clients before
commencing any work what the fees are likely to be, and what is

20 Independent/Private Practice
included in the treatment. The Society recommends that all
psychologists in private practice should, make it clear to all clients
before any work commences what their fees are likely to be and for
what they will be paying. It is essential that clients are clear regarding
the fee basis and likely charges if future misunderstanding and
complaints are to be minimised.

Part-time work
Most psychologists employed by public organisations have a
contractual obligation to inform their employers if they wish to
undertake additional work privately. Even where this requirement is
not a contractual obligation, as a matter of courtesy the Society
advises all psychologists to keep their employers informed of any
additional part-time work they intend to undertake regularly.

Working self-employed
For those colleagues setting out to practise independently they will
need to register with the HM Revenue and Customs (HMRC). You
should contact the HMRC as soon as you start working for yourself.
The MHRC provides comprehensive guidance to assist the newly self-
employed, see Working for Yourself: The Guide. This covers income tax
and self assessment, VAT, National Insurance, record keeping and
controlling finance, amongst other things. There is also a helpline
for those new to self-employment: 08459 15 45 15.
A psychology practice is governed by the same rules as other
businesses and no exemptions are available. Some related
professions gain exemption from VAT by virtue of their being
Registered Medical Practitioners or being on the Health Professions
Councils Register. Currently, psychology is not one of those.
For further information see http://www.hmrc.gov.uk/
Business Link also has helpful information:
http://www.businesslink.gov.uk/

Guidance for Psychologists 21


Working from home
Some independent practitioners work from home, using a room or
rooms at home. When doing so practitioners are advised to be aware
of personal safety issues. Community police officers can advise on
these matters. Responsibility for personal safety ultimately lies with
the practitioner thus it is essential to conduct a safety risk
assessment.
For more information on risk assessment see the Faculty of Forensic
Clinical Psychology Occasional Briefing Paper No 4, Risk Assessment
and Management (2006), and Issues in Forensic Psychology, Risk
Assessment and Management (2004).
There are also insurance implications. Advice on these matters can
be obtained from your professional liability insurance company.

Health and Safety legislation


The main act that is concerned with health and safety is the Health
and Safety at Work Act 1974. The following general duties are placed
upon employers, the self-employed and employees under different
sections of the Act (only the main sections dealt with by the Health
and Safety Executive are mentioned below):
Section 2: Places general duties upon employers to ensure the
health, safety and welfare of all employees at work.
Section 3: Places general duties upon employers and the self-
employed to ensure the health, safety and welfare of anyone not in
their employment who are likely to affected by their undertaking.
Section 4: Places general duties upon landlords who control premises
where others may work to provide safe access and egress, and make
sure that any plant and equipment is safe to use (where such
equipment is provided by the landlord).
Section 6: Outlines the duties of those who make, supply, design or
import articles or substances for use at work to ensure tht they can

22 Independent/Private Practice
be used safely and provide any relevant information relating to its
safe use.
Section 7: Places duties upon employees to ensure that their acts or
omissions do not present a danger to others.
Section 8: The duty not to interfere with or misuse anything
provided under a legal requirement.
Section 9: Prohibits the employer from charging for anything
provided under a legal requirement, e.g. personal protective
equipment.
There are numerous requirements for all businesses to adhere to
with regard to health and safety law. The main requirements are as
follows:
Have a written, up-to-date health and safety policy if you employ
five or more people. See free leaflet INDG259, An Introduction to
Health and Safety. This contains a template which can be used by
small businesses.
Carry out a risk assessment (and if you employ five or more
people, record the main findings and your arrangements for
health and safety). See free leaflet INDG163, Five Steps to Risk
Assessment.
Find out if you are required to register with your enforcing
authority. Information on registration can be obtained online at
http://www.hse.go.uk/smallbusinesses/faqs.htm#8.
If you employ anyone you must display a current certificate as
required by the Employers Liability (Compulsory Insurance) Act
1969. See free leaflets HSE40, Employers Liability (Compulsory
Insurance) Act 1969: a guide for employers and HSE39, Employers
Liability (Compulsory Insurance) Act 1969: A guide for employees and
their representatives.
Display the Health and Safety Law poster for employees or
alternatively give each employee a copy of the law leaflet. The
leaflet can be downloaded at http://www.hse.gov.uk/pubns/law.pdf.

Guidance for Psychologists 23


Notify certain types of injuries, occupational diseases and
dangerous occurrences as required under the Reporting of
Injuries, Diseases or Dangerous Occurrences Regulations 1995.
See free leaflet MISC769, Incident at Work.
Consult any appointed union/non-union safety representatives on
issues, such as any changes which might affect health and safety
and information and training which has to be provided. See free
leaflet INDG 232, Consulting Employees on Health and Safety.
There are also the general requirements to provide first-aid
facilities, a safe working environment and ensure the health,
safety and welfare of anyone who is likely to be affected by your
undertaking, including non-employees.
The HSE produces The Health and Safety Starter Pack, which contains
most of the basic health and safety advice you need to help your
business comply with the law. See www.hse.gov.uk/smallbusinesses/
pack.htm.

Crisis management
For members working in health and social care settings what to do
if your client is in crisis:
Develop a crisis card with important crisis service numbers for
your area.
Seek preliminary consent to share select information with
statutory services in the event of crisis.
Make links with local GP surgeries/Crisis Management Home
Treatment teams, especially if your client is on enhanced Care
Programme Approach (CPA).
Decide in advance whether or not you will continue to meet with
clients while under the care of crisis or inpatient services.
Establish crisis/contingency plans with your clients (if your
therapeutic approach does not permit this, ensure your service
can deliver this outside of therapy).

24 Independent/Private Practice
Be aware that psychological therapy sessions can inadvertently
escalate crises, especially if the onset of crisis is not known to the
therapist.
Also note, many local crisis teams will only accept referrals directly
through primary care services rather than taking self referrals.
Private practitioners should know the local procedures in their area
and ascertain whether direct access is feasible for secondary level
crisis work or whether all referrals in crisis need to be screened
through primary care services first (be it GPs or specialist primary
care liaison/mental health teams). Not knowing the local procedure
is one of the key processes that elongates referral and assessment
times. Also, know whether your local area has a psychiatric liaison
service at the local Accident and Emergency unit that could also
function as a route in should your clients risk elevate.

Advice to Members on acting as an


Expert Witness
The Society has produced guidance for Members acting as expert
witnesses. In 2007 this was expanded somewhat and includes the
following as core themes:
Definition of an expert and other types of witnesses.
The importance of competence and qualification with a
recognition that psychologists need to provide evidence only
within their field of expertise. For example, research
qualifications alone (e.g. a PhD, MPhil) would not be sufficient to
allow a psychologist to provide an applied opinion in court. The
guidance outlines the importance of staying within your area of
psychological expertise.
How instructions from others (e.g. advocates) can be managed
and responded to effectively and efficiently.
The limits and definition of confidentiality.
The importance of identifying and avoiding potential conflicts of

Guidance for Psychologists 25


interest. For example, it would be a conflict of interest for a
psychologist based within a NHS trust to offer an expert witness
opinion on a client who falls under the care of the same trust.
Managing oral and written testimony, including the etiquette of
formal and quasi-court proceedings and the importance of
reducing evidence to issues, facts and opinion.
Attention to both civil and criminal witness procedure rules and
guidelines. The revised guidelines now include reference to the
Criminal Prosecution Services mandatory requirements for use of
evidence by experts including the need to reveal, retain and
record.
See Psychologists as Expert Witnesses (2007).

Guidelines for the employment of


Psychology Assistants
The Society has produced Guidelines for the Employment of Psychology
Assistants for the benefit of assistant psychologists, their employers
and managers. These should be read against the background Code of
Ethics and Conduct, the guidelines for professional practice of the
relevant division and the Agenda for Change (A4C) profiles of
psychology grades in the NHS. The principles contained in the
document should apply to graduate psychologists who may either be
employed in the NHS in other roles (e.g. graduate mental health
care workers), or as research assistants with other employers (e.g.
universities or in the voluntary or independent sector).

26 Independent/Private Practice
Criminal Records Bureau (CRB) checks
The Society receives frequent enquiries concerning how an
independent or private practitioner may obtain a Criminal Records
Bureau (CRB) check. The CRB website details umbrella
organisations which undertake a CRB check in the same way as a
local authority does. The umbrella organisations can be searched by
geographical area to find a local organisation.
The CRBs database of umbrella organisations can be found at
http://www.crb.gov.uk/

The Societys complaints procedure


If a client wants to make a complaint about the services you delivered
they should be directed to the Societys Regulatory Affairs Team,
using the contact details below.
The team can give advice and help about how to make a complaint
and how the complaint-handling process works.
Regulatory Affairs Team
St Andrews House
48 Princess Road East
Leicester LE1 7DR
United Kingdom
E-mail: conduct@bps.org.uk
Tel: +44 (0)116 254 9568
See Guidance on the Complaints Handling Procedure for Respondents and
Professional Conduct Board Appeals Procedure.

Guidance for Psychologists 27


Appendix I
The following is provided as an Example Terms of Engagement or contract.
It is agreed that:
Definitions and Interpretation
1.1 In this agreement the following words have the following
meanings:
1.1.1 Appointer means the solicitors, insurer, insurance
company, government department, local authority,
firm, company, partnership or any other person who
instructs the psychologist.
1.1.2 Commencement Date means the date of this
agreement (as set out above).
1.1.3 Client means the individual person(s), firm,
company, government department, public body on
whose behalf the Appointer has engaged the
psychologist.
1.1.4 Disbursements means all reasonable and appropriate
costs and out-of-pocket expenses incurred by the
Psychologist in providing the Services including (but
without limitation) travel, refreshments, hotel
accommodation, photography, video recordings,
printing and duplicating.
1.1.5 Engagement Terms and Conditions means the
contractual terms and conditions which the
Psychologist shall use when being engaged by the
Appointer.
1.1.6 Psychologist Fees means (in absence of written
agreement to the contrary) the reasonable charges of
the Psychologist for the services based on the expert
hourly rate set out in the schedule and any other fees
to which the psychologist is entitled.
1.1.7 Psychologist Service means the services to be
provided by the psychologist to an Appointer set out
in the schedule.
1.1.8 Hourly Rate means the amount the psychologists

28 Independent/Private Practice
shall be entitled to charge the Appointer for their
services for each hour where they are engaged in any
way in relation to the Matter/Case. Where the
Psychologist is engaged for less than a full hour they
shall be entitled to charge for such time on a pro-rata
basis based on the relevant portion of such hour.
1.1.9 Matter/Case means the specific matter or case (as
applicable) for which the psychologist is to be
engaged by the Appointer.
1.1.10 Report shall mean a written professional report
provided by the Psychologist for an Appointer which
the Psychologist is instructed to produce by the
Appointer for use by the Appointer in relation to the
matter/case.
1.1.11 Working Day means a day (other than a Saturday,
Sunday, statutory, bank or public holiday or a day on
which the Psychologist has specified that they will be
on holiday).
1.1.12 Required Services means the Services as set out in
the written instructions from the Appointer to the
Psychologist.
1.2 The headings in this agreement are for convenience only and
shall not affect its interpretation.
1.3 References to clauses and schedules are references to clauses
and schedules in this agreement unless otherwise stated.
1.4 Words importing the singular number only shall include the
plural number and vice versa; words importing a specific
gender only shall include all genders, and words importing
persons shall include corporations.

2. Supply of Services
2.1 The parties acknowledge that any and all expert services
provided to Appointers are intended for use solely by the
Appointer and/or the client.

Guidance for Psychologists 29


3. Duration
3.1 This agreement shall commence on the commencement date
and, unless sooner terminated, continued for the period set
out in the schedule.

4. Fees/Invoice Procedure
4.1 The Appointer shall be responsible to the Psychologist for
payment of the psychologist fees and disbursements, whether
or not the Appointer had been placed in funds by the client
(or, in the legal aid cases, by the Legal Aid Board).
4.2 Where any matter/case is referred to taxation or assessment
by the Legal Aid Board the liability of the Appointer to pay
the Psychologists fees and disbursements shall not be
reduced unless a court or Legal Aid Board has provided
detailed specific guidance that such fees and disbursements
were not reasonable. The Psychologist shall not suffer loss
and have their fees reduced or pro rated down where a
general reduction in costs to a particular matter/case is
imposed by a court or Legal Aid Board.
4.3 The Psychologist shall raise an invoice in their name to the
Appointer for their fees and disbursements and any other
fee, cost expense or debt due to the Psychologist on
completion of the required services.
4.4 The Psychologist should ensure that details of payment
required are specified in the agreement. Invoices should be
submitted immediately after the completion of services.
4.5 Where the Psychologist has provided expert services in a
matter/case which is/was subject to Legal Aid:
4.5.1 The Psychologist shall be notified if the Legal Aid
Board has refused to provide funding for a
matter/case. This does not remove the onus of
payment from the Appointer for work completed.

30 Independent/Private Practice
5. VAT
5.1 All sums payable under the agreement unless otherwise
stated should be exclusive of VAT and other duties or taxes.
5.2 Any VAT or other duties or taxes payable in respect of such
sums shall be payable in addition to such sums at the
prevailing rate to that time.

6. The Psychologists Duties


6.1 When providing professional services, the Psychologist will
ensure that they are engaged using the Engagement Terms
and Conditions and shall not amend or allow others to
amend such Engagement Terms and Conditions unless there
is mutual agreement.
6.2 The Psychologist shall at all times maintain adequate
professional indemnity insurance.

7. Hours and Availability


7.1 During the period of agreement the Psychologist shall, unless
prevented by ill health, devote to the provision of the
professional services such part of the Psychologists working
time attention and abilities as are reasonably necessary for
proper fulfilment of such services.
7.2 The Psychologist may in his absolute discretion employ or
retain assistants for the performance of the Services. In such
circumstances, the Psychologist will use all reasonable
endeavours to ensure that the assistants are suitably
competent or experienced to perform the Services, and will
ensure the provision of supervision.

8. Non-Exclusive Arrangements
8.1 This agreement shall not prevent the Psychologist from
obtaining work or providing services to any person,
organisation or body outside the scope of this agreement.

Guidance for Psychologists 31


9. Confidentiality
9.1 Any documentation disclosed by each party to the other
during the period of this agreement (including, without
limitation, confidential information) shall be regarded as
between the parties, and as the property of the disclosing
party. It shall be used solely and exclusively for the purposes
of this agreement and for no other purpose whatsoever.
9.2 Neither party shall disclose any such confidential information
to any third party other than employees, agents or assistants
duly appointed in accordance with this agreement for the
proper performance of their duties.

10. Intellectual Property


10.1 Any and all intellectual property rights that may arise by
virtue of provision of psychological services during the period
of this agreement shall belong exclusively to the psychologist.

11. Termination
11.1 Either party may, without prejudice to any rights or remedies
which it may have against the other party forthwith terminate
this agreement if:
i. the other party is in breach of any material provision
of this agreement and such party has failed to remedy
that breach (if capable of remedy) within 30 days after
receiving written notice of such breach;
ii a resolution for voluntary winding up is passed as for
dissolution, or upon the presentation of a petition for
an administration order, or winding-up and in the
case of an individual on the presentation of
bankruptcy petition or if the individual enters into any
formal or informal agreement with his creditors
(including an individual voluntary arrangement);
iii the other party is unable to pay its debts as and when
they fall due or enters into any arrangement for the
benefit of or composition with its creditors; or the
other party ceases or threatens to cease to carry on its
business or a substantial part of its business.

32 Independent/Private Practice
12 Consequences of Termination
12.1 On the expiry or earlier termination of this agreement, such
expiry or termination shall be without prejudice to any of the
parties rights which may have already accrued.
12.2 All rights and obligations of the parties on termination or
expiry shall cease forthwith except where it is expressly stated
otherwise in this agreement.
12.3 Upon expiration or earlier termination of this agreement
each party shall promptly return to the other all tangible
information (confidential or otherwise) provided to it under
this agreement and all copies of such information.
12.4 Notwithstanding expiry or earlier termination of this
agreement this clause 12 and clause 9 shall remain in full
force and effect.

13. Status of the Psychologist


13.1 Nothing in this agreement shall be construed as creating a
partnership or joint venture between any or all of the parties.

14. Supersedes Prior Agreements


14.1 This agreement supersedes any prior agreement between the
parties whether written or oral and any such prior
agreements are cancelled as from the commencement date,
but without prejudice to any rights which have already
accrued to either of the parties.

15. Whole Agreement


15.1 Each party acknowledges that this agreement and the
conditions which form part of it contain the whole
agreement between the parties and that it does not rely upon
any non-fraudulent oral or written representations made to it
by the other or its employees or agents and that it has made
its own independent investigations into all matters relevant
to it.

Guidance for Psychologists 33


16. Notices
16.1 Any notices, correspondence or invoices required to be
served on or delivered to either parties shall be sent by pre-
paid first class post or delivered personally to the address of
the relevant party shown at the head of this agreement or
sent by email or facsimile transmission and shall:
i in the case of posting be deemed to have been
received by the address two Working Days after the
date of posting; and
ii in the case of facsimile and personal delivery shall be
deemed received on the next Working Day after
delivery or transmission respectively.
iii in the case of e-mail be deemed to be received on the
day of sending.

17. Waiver
17.1 The failure by either party to enforce at any time or for any
period any one or more of the terms or conditions of this
agreement shall not be a waiver of them or of the right to
subsequently enforce any term or condition of this
agreement.

18. Variation
18.1 This agreement may not be varied except in writing signed
for and on behalf of each party.

19. Severance
19.1 If any provision of this agreement is held by a Court or other
competent authority to be invalid or unenforceable in whole
or in part, this agreement shall continue to be valid as to its
other provisions and the remainder of the affected provisions.

20. Counterparts
20.1 This agreement may be executed in any number of
counterparts each of which when executed and delivered
shall be an original, but all the counterparts shall constitute
one and the same document.

34 Independent/Private Practice
21. Disputed Fees
21.1 In the event of a dispute over any sums or fees payable under
this agreement such sums that are not in dispute shall be
payable when due, irrespective of any counter-claim that may
be alleged.

22. Law and Jurisdiction


22.1 This agreement shall be governed by and constructed in
accordance with English law and the parties agree to submit
to the non-exclusive jurisdiction of the English courts.

Signed: .

Date: .

Guidance for Psychologists 35


Useful information
Private practitioners discussion forum
The Professional Practice Board has established a private
practitioners discussion forum. From very humble beginnings the
forum now has more than 200 members who engage in lively debate
on topics such as expert witness reports, tax and the inland revenue,
how to attract more referrals, and much more. Members are able to
access the full archive of discussion threads. There is a real
community spirit fostered by collegial support.
Contact ppbchair@bps.org.uk if you wish to join.

Useful Society publications


Generic Professional Practice Guidelines (2007)
Royal Charter, Statues and Rules (2007)
Statement on the Conduct of Psychologists providing Expert
Psychometric Evidence to Courts and Lawyers (2007)
Psychologists as Expert Witnesses (2007)
Guidelines for the Employment of Psychology Assistants (2007)
Code of Ethics and Conduct (2006)
Guidance on the Complaints Handling Procedure for Respondents
(2007)
Professional Conduct Board Appeals Procedure
Divisional Professional Practice Guidelines (various)
Division of Clinical Psychology, Faculty of Forensic Clinical
Psychology, Occasional Briefing Paper No 4, Risk Assessment and
Management (2006)
Division of Forensic Psychology, Issues in Forensic Psychology, Risk
Assessment and Management (2004)
Also see the Professional Practice Board website (http://www.bps.org.uk/
ppb) where you can access a wide range of member resources.

36 Independent/Private Practice
Useful websites
The British Psychological Society
www.bps.org.uk
The Professional Practice Board
www.bps.org.uk/ppb
The Psychological Testing Centre
www.psychtesting.org.uk
Continuing Professional Development
www.bps.org.uk/cpd-homepage
United Kingdom Council for Psychotherapy.
www.psychotherapy.org.uk/
British Association for Counselling and Psychotherapy
www.bacp.co.uk/
British Association of Cognitive and Psychotherapies
www.babcp.com/
Chartered Institute of Marketing
www.cim.co.uk/
Advertising Standards Agency
www.asa.org.uk
Information Commissioners Office
www.ico.gov.uk/for_organisations.aspx
HM Revenue and Customs
www.customs.hmrc.gov.uk/
Criminal Records Bureau
www.crb.gov.uk/
Health and Safety Executive
www.hse.gov.uk

Guidance for Psychologists 37


The British Psychological Society was founded in 1901 and incorporated by Royal
Charter in 1965. Our principal object is to promote the advancement and diffusion of
a knowledge of psychology pure and applied and especially to promote the efficiency
and usefulness of Members of the Society by setting up a high standard of professional
education and knowledge.
The Society has more than 46,000 members provides a service for the news media
and: and the public;
has offices in England, Northern has an Ethics Committee and provides
Ireland, Scotland and Wales; service to the Professional Conduct
accredits undergraduate programmes at Board;
117 university departments; maintains a Register of nearly 15,000
accredits 143 postgraduate programmes Chartered Psychologists;
at 84 university departments; prepares policy statements and
confers Fellowships for distinguished responses to government consultations;
achievements; holds conferences, workshops,
confers Chartered Status on continuing professional development
professionally qualified psychologists; and training events;
awards grants to support research and
recognises distinguished contributions
scholarship;
to psychological science and practice
publishes 11 scientific journals, and
through individual awards and
also jointly publishes Evidence Based
honours.
Mental Health with the British Medical
Association and the Royal College of
Psychiatrists;
The Society continues to work to enhance:
publishes books in partnership with
recruitment the target is 50,000
Blackwells;
members;
publishes The Psychologist each month;
services to members by responding to
supports the recruitment of
psychologists through the Psychologist needs;
Appointments section of The public understanding of psychology
Psychologist, and www.psychapp.co.uk; addressed by regular media activity and
provides a free Research Digest by outreach events;
e-mail and at www.bps-research- influence on public policy through
digest.blogspot.com, primarily aimed at the work of its Policy Support Unit,
school and university students; Boards and Parliamentary Officer;
publishes newsletters for its constituent membership activities to fully utilise
groups; the strengths and diversity of the
maintains a website (www.bps.org.uk); Society membership;
has international links with operates a Psychological Testing Centre
psychological societies and associations which sets, promotes and maintains
throughout the world; standards in testing.

The British Psychological Society


St Andrews House, 48 Princess Road East, Leicester LE1 7DR, UK
Tel: 0116 254 9568 Fax: 0116 227 1314 E-mail: mail@bps.org.uk Website: www.bps.org.uk

Incorporated by Royal Charter Registered Charity No 229642 INF03/07.2008

S-ar putea să vă placă și