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Notices of Sanction issued by the RIBA Professional Conduct Panel

Here are Notices of Sanction, published in accordance with Schedule 1, paragraph 2.1 of the RIBA Disciplinary Procedures 2019/RIBA Disciplinary Rules 2021, which state that: "Any notice of a public sanction (public reprimand, suspension or expulsion) shall, unless the hearing panel or appeal panel decides otherwise, be published on the RIBA’s website and in the RIBA Journal. The contents of the notice shall be at the panel’s discretion." Please note that no public sanction shall be published until expiry of the appeal period or the conclusion of an appeal.

NOTICE OF SANCTION

RIBA Member/Chartered Practice: Mr Peter Kellow (4184871), of Toulouse, France

Date of RIBA Professional Conduct Hearing: 13 May 2021

Date decision issued: 20 May 2021

Sanction Imposed: Expulsion

Date of publication: 17 June 2021

Publication period: 24 months

End of publication period: 17 June 2023

Overview decision:

Following a hearing on 13 May 2021, Mr Peter Kellow was found to have breached the RIBA Code of Professional Conduct (2005, with 2016 Guidance Notes). He was found to have made an inappropriate public post on his Facebook profile on 13 April 2019.

Mr Kellow was found to have breached the following provisions of the RIBA Code of Professional Conduct:

  • Principle 1.1, in that he failed to act with impartiality, responsibility and truthfulness at all times; and
  • Principe 1.3, in that he was party to a statement, or statements, which he knew to be untrue, misleading and unfair to others; and
  • Principle 3.1, in that he failed to respect the beliefs and opinions of other people, recognise social diversity and/or treat everyone fairly.

In accordance with the RIBA Disciplinary Procedures 2019, and having considered the RIBA Indicative Sanctions Guidance 2020, the Hearing Panel issued Mr Kellow with an Expulsion from RIBA Membership. Mr Kellow has therefore been expelled from RIBA membership with immediate effect.

NOTICE OF SANCTION

RIBA Member/Chartered Practice: Mr Nicholas Clift (4465201), of Cornwall, UK

Date of RIBA Professional Conduct Hearing: 11 May 2021

Date decision issued: 14 May 2021

Sanction Imposed: Suspension, 6 months

Date of publication: 11 June 2021

Publication period: 6 months

End of publication period: 11 December 2021

Overview decision:

Following a hearing on 11 May 2021, Mr Nicholas Clift of Cornwall was found to have breached the RIBA Code of Professional Conduct (2005, with 2016 Guidance Notes).

He was found to have breached the following provisions:

  • Principle 2.3, in that he failed to provide adequate terms of appointment; and
  • Principle 2.4, in that he failed to keep his clients informed of progress of the project and key decisions made on the Client’s behalf. He failed to tell the Complainants about a proposed change to the fee structure, which was to calculate his final invoice in a different way to that set out in his terms and conditions; and
  • Principle 3.5, in that he failed to have in place, and/or have access to, effective procedures for dealing promptly and appropriately with disputes or complaints.

In accordance with the RIBA Disciplinary Procedures 2019, and having considered the RIBA Indicative Sanctions Guidance 2020, the Hearing Panel issued Mr Clift with a Suspension from RIBA Membership for a period of 6 months.

NOTICE OF SANCTION

RIBA Member/Chartered Practice: Mr Matthew Deering (5792161), of Bristol, UK

Date of RIBA Professional Conduct Hearing: 20 April 2021

Date decision issued: 26 April 2021

Sanction Imposed: Suspension, 12 months

Date of publication: 24 May 2021

Publication period: 12 months

End of publication period: 24 May 2022

Overview decision:

Following a hearing on 20 April 2021, Mr Matthew Deering of Bristol was found to have breached the RIBA Code of Professional Conduct (2005, with 2016 Guidance Notes).

He was found to have breached the following provisions:

  • Principle 2.1, in that he carried out work after his insurance had expired; and
  • Principle 2.1 and 2.2, in that he did not produce adequate designs and drawings; and
  • Principle 2.3, in that he failed to provide adequate terms of engagement; and
  • Principle 3.5, in that he failed to have in place (or have access to) effective procedures for dealing promptly and appropriately with disputes or complaints.

In accordance with the RIBA Disciplinary Procedures 2019, and having considered the RIBA Indicative Sanctions Guidance 2020, the Hearing Panel issued Mr Deering with a Suspension from RIBA Membership for a period of 12 months.

NOTICE OF SANCTION

RIBA Member/Chartered Practice: Mr “Tony” Toyin Adetola Oduse (20000103), of London, UK

Date of RIBA Professional Conduct Hearing: 9 April 2021

Date decision issued: 16 April 2021

Sanction Imposed: Suspension, 24 months + CPD requirement

Date of publication: 14 May 2021

Publication period: 24 months

End of publication period: 14 May 2023

Overview decision:

Following a hearing on 9 April 2021, Mr Toyin Adetola Oduse of London was found to have breached the RIBA Code of Professional Conduct (2005, with 2016 Guidance Notes).

He was found to have breached the following provisions:

  • Principle 1.1, in that he failed to act with honesty and/or integrity at all times; and
  • Principle 2, in that he failed to act competently, conscientiously, and/or responsibly in the performance of his work.

- In particular, he was required to have been able to provide the knowledge, the ability, the financial and/or technical resources appropriate for his work, but rather demonstrated a lack of technical resources to complete the work.

- Additionally, he failed to give his Client competent advice on planning policy and requirements of the planning consent, of which he admits to being aware. Even after breaches of the planning consent were pointed out to him, he continued to build an extension outside what was approved in the planning consent. This illustrated a lack of knowledge of the planning system during the construction period.

- Further, between the revised Planning consent being obtained in December 2018 (when it became possible to progress and complete the construction work) and December 2019 over a period of 12 months, he failed to expeditiously progress the construction works on a project which he had been contracted to build in a time estimate of 4 months. Lastly, he was found to have allowed unsafe working practices on site in breach of Health & Safety laws and regulations.

In accordance with the RIBA Disciplinary Procedures 2019, and having considered the RIBA Indicative Sanctions Guidance 2020, the Hearing Panel issued Mr Oduse with a Suspension from RIBA Membership for a period of 24 months. In addition, he is required to undertake a minimum of 35 hours of additional CPD training.

Find out more information on the RIBA professional conduct process.

For queries, please contact: professional.standards@riba.org

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