Code of Practice
Introduction
There are two Codes of Practice:
- The Code of Practice that is binding on all Members of the National Register of Access Consultants practising as Access Consultants or Access Auditors.
- The Code of Practice that is binding on all Affiliates. Affiliates are not accredited to undertake access consultancy or access auditing work.
Principles
The NRAC Code of Practice is structured on three basic principles dealing with:
- meeting the client's requirements.
- integrity, independence, objectivity.
- responsibility to the cause of improving access, to other Members and to the NRAC.
These principles are underpinned by detailed rules, which are specific injunctions, and practical notes, which either lay down conditions under which certain activities are permitted or indicate good practice and how best to observe the relevant Principle or Rule.
The NRAC Management may, from time to time, issue further Principles, Rules or Notes which will be published in the Register's publications before being incorporated into a revised edition of the Code. Members in practice are expected to abide by all such new provisions from the date of their publication.
The Principles, Rules and Notes of the Code apply not only to the Members personally, but also to acts carried out through a partner, co-director, employee or other agent acting on behalf of, or under the control of the Member.
Definitions
Member - A registered NRAC Consultant or NRAC Auditor
Client - The person, firm or organisation with whom the Member in practice makes an agreement or contract for the provision of services
Declaration - a written statement referring to and disclosing the fact relevant to the situations covered by particular Rules of the Code. Independent in a position always to express freely one's own opinion without any control or influence from others outside the (consulting) organisation and without the need to consider the impact of such opinion on one's own interests
Register - The National Register of Access Consultants
Disciplinary action
All Members are liable to disciplinary action if their conduct is found by the Register Management to be in contravention of the Codes, or to bring discredit to the cause of improving access, to other Members, or to the Register.
In accordance with the principles, rules and notes, Members may be required to make a declaration in answer to enquiries from the Register concerning their professional conduct. A Member failing to make such a declaration may be found in breach of the Principle to which the Rule or Note relates. The Register Management has obligations and duties to its Members.
The Principles, Rules and Notes
Principle one: Meeting the client's requirements
A Member shall regard the client's requirements and interests as paramount at all times.
Competence
- A Member will only accept work that the Member is qualified to perform and in which the client can be served effectively; a Member will not make any misleading claims and will provide reference from other clients if requested.
Agreement on deliverables and fees
- A Member shall agree formally and in writing with the client the scope, nature and deliverables of the services to be provided and the basis of remuneration, in advance of commencing work; any subsequent revisions will be subject to prior discussion and agreement with the client.
Professional Indemnity Insurance
- All Members must carry adequate Professional Indemnity Insurance (PII) to cover any work that they undertake as Members of the Register.
Sub-contracting
- A Member shall sub-contract or assign work only with the prior agreement of the client, and, except where otherwise agreed, will remain responsible for the performance of the work.
Confidentiality
- A Member will hold all information concerning the affairs of clients in the strictest confidence and will not disclose proprietary information obtained during the course of assignments.
Non-poaching
- A Member will not invite or encourage any employee of a client for whom the Member is working to consider alternative employment, unless it is the purpose of the assignment.
Due care
- A Member will make certain that advice, solutions and recommendations are based on thorough, impartial consideration and analysis of all available pertinent facts and relevant experience and are realistic, practicable and clearly understood by the client.
Communication
- A Member will ensure that the client is kept fully informed about the progress of the assignment.
- A Member will encourage and take note of any feedback provided by the client on the performance of the Member's services.
Respect
- A Member will act with courtesy and consideration toward the individuals contacted in the course of undertaking assignments.
Principle two: Integrity, independence, objectivity
A Member shall avoid any action or situation inconsistent with the Member's professional obligations, or which in any way could be seen to impair the Member's integrity. In formulating advice and recommendations, the Member will be guided solely by the Member's objective view of the client's best interests.
Disclosure
- A Member will disclose at the earliest opportunity, any special relationships, circumstances, or business interests, which might influence or impair, or could be seen by the client or others to influence or impair, the Member's judgment or objectivity on a particular assignment.
- This rule requires the prior disclosure of all relevant personal, financial or other business interests which could not be inferred from the description of services offered.
Conflicts of interest
- A Member shall not serve a client under circumstances which are inconsistent with the individual's obligations as a Member or which in any way might be seen to impair the Member's integrity; wherever a conflict or potential conflict of interest arises, the Member shall, as the circumstances require, either withdraw from the assignment, remove the source of conflict, or disclose and obtain the agreement of the parties concerned, to the performance or continuance of the engagement.
- It should be noted that the Register may, depending on the circumstances, be one of the 'parties concerned'. For example, if a Member is under pressure to act in a way which would bring the Member into non-compliance with the Code of Practice, in addition to any other declaration which it might be appropriate to make, the facts should be declared to the Register.
Inducements
- A Member shall not accept discounts, hospitality, commissions or gifts as an inducement to show favour to any person or body, nor attempt to obtain advantage by giving financial inducement to clients or client staff or potential clients or client staff.
- Payment for legitimate marketing activity may be made.
Privacy of Information
- A Member shall not use any confidential information about a client's affairs elicited during the course of an assignment for personal benefit or for the benefit of others outside the client organisation.
- When required or appropriate, a Member will establish specific methods of working which preserve the privacy of the client's information.
Objectivity
- A Member will advise the client of any significant reservations the Member may have about the client's expectation of benefits from an engagement.
- A Member will not indicate any short-term benefit at the expense of the long-term welfare of the client, without advising the client of the implications.
Principle three: Responsibility to other Members and to the Register
A Member's conduct shall at all times endeavour to enhance the standing and public recognition of other Members and the Register.
Annual affirmation
- A Member will provide the Register with annual affirmation of adherence to the Code of Practice
Continuing Professional Development
- A Member shall comply with the Register's requirements on Continuing Professional Development (CPD) in order to ensure that the knowledge and skills that the Member offers to clients are kept up to date.
- Members have a duty to be available to sit on the admissions panel one day a year. This will count towards the annual 15 CPD hours required.
- A Member will encourage access consultants or access auditors for whom the Member is responsible, to maintain and advance their competence by participating in CPD and to obtain Membership of the Register, or increase their skills within it.
Professional obligations to others
- A Member shall have respect for the obligations and qualifications for all others with whom the Member works.
- A Member referring to a client to another access consultant or auditor will not misrepresent their qualifications, nor make any commitments for the other Member.
- A Member accepting an assignment for a client knowing that another Member is serving the client will ensure that any potential conflict between assignments is brought to the attention of the client.
- When asked by a client to review the work of another Member, a Member will exercise the objectivity, integrity and sensitivity required in all technical and advisory conclusions communicated to the client.
Fees
- A Member will negotiate agreements and charges for access services only in a manner approved as ethical by the Register. A Member should not knowingly underprice their work in order to gain a contract.
Publicity
- A Member, in publicising work or making representations to a client, shall ensure that the information given:
- is factual and relevant
- is neither misleading nor unfair to others
- is not otherwise discreditable to the profession
- is consistent with this Code of Practice
Accepted methods of making experience and/or availability known include:
- publication of work (with consent of the client)
- direct approaches to potential clients
- entries in any relevant directory
- advertisement (in printed publication, or on radio or television)
- public speaking engagements
Personal conduct
- A Member shall be a fit and proper person to carry out access consultancy or access auditing work.
- A Member shall at all times be of a good reputation and character. Particular matters for concern might include:
- conviction of a criminal offence or committal under bankruptcy proceedings
- censure of disciplining by a court or regulatory authority
- unethical or improper behaviour towards clients, employees or the general public
- A Member shall not wilfully give the Register Management false, inaccurate, misleading or incomplete information.
