We give our clients professional advice concerning complaints, regulatory and disciplinary cases. We also advise and give guidance on how to deal with ethical issues, difficult clients and practice problems. We assist accountants who are applying for readmission to membership.
Without effective representation at all stages of a complaint, many have suffered unnecessary damage to their reputation. Some have received substantial fines, which could have been avoided. Some have even lost their qualification and livelihood – possibly avoidable. Some, having failed to contest the disciplinary proceedings, have subsequently been unable to defend an interconnected civil action. Others have been unable to obtain insurance cover as a result of a disciplinary finding or had to pay a massively increased premium. Professional advice would have addressed these issues. You have nothing to lose by obtaining guidance.
The ICAEW Investigation Committee offers consent orders which the member can accept or reject. If rejected, the case is referred to the ICAEW Disciplinary Committee. Consent orders are no different from disciplinary findings. All attract publicity. As consent orders are admissions of liability, there can be serious professional indemnity insurance implications. Insurers’ approval must be obtained before a consent order is accepted. Advice given before a case is referred to the ICAEW Investigation Committee could influence the outcome. Advice should always be obtained before a consent order is accepted.
The ICAEW Investigation Committee makes over 100 consent orders a year and imposes fines and costs in most cases.
Since 1st January 2016, ACCA has introduced consent orders. Other cases go directly to the ACCA Disciplinary Committee unless the Assessor (there is no longer an Investigations Committee) decides that the case should ‘rest on file’.
Not every case requires legal representation. But advice for accountants can be important at certain stages. Don’t forget that a complaint may be the forerunner to a claim. A mark of disapproval by the professional body could help in securing financial compensation against you. You will have to spend time dealing with a complaint. A complaint is often an attempt to avoid payment of fees. You do not want to lose all or part of your fee as well.
If the practitioner believes that he is innocent, he would be unwise to admit the complaint. Get advice beforehand. Even when pleading guilty, a good plea in mitigation could prevent exclusion or reduce the size of fine. ANCS was established with the aim of providing sound advice and to arrange representation at a reasonable cost.
But we do more than assist accountants when complaints are made. If an accountant has a difficult client and believes this could lead to a claim or a complaint, we will advise him/her. And what should an accountant do when they’ve lost a client to another firm and receive a professional enquiry letter demanding all their working papers, plus files going back six years and threatening to report matters if they do not receive their full cooperation within seven days? The guidelines may appear confusing. A call to ANCS will provide you with guidance.
Initial free telephone guidance for accountants on practice problems. Thereafter, we will charge the accountant £220 per hour for advice (for instance, practice assurance issues, client money regulations and changes in professional appointments). Practice inspections and the Money Laundering Regulations continue to cause problems for practitioners. Either we can help or we will put you in touch with someone who can.
We charge for advice on an hourly basis – £220 plus VAT for all qualified accountants. There is no charge for initial telephone advice.
What areas do we cover?
Complaints, regulation, discipline, appeals, practice problems, readmissions, ethics, rules and regulations, procedures and bye-laws.
What areas do we not cover?
We advise in those areas which are outside the expertise of the average chartered accountant or lawyer. But what we cannot do is give you legal advice on matters such as:
✅ ISO 9001 – We adhere to principles of quality management to continuously improve our services.
✅ CHAS (Contractors Health and Safety Assessment Scheme) – We follow CHAS-aligned procedures to ensure safe and responsible working conditions.
If a member is subject to a negligence claim, he will advise his professional indemnity insurers who will, undoubtedly, instruct City solicitors. They will have immense experience. However, their role is to protect the interests of insurers. That may conflict with your interests. You may need independent advice about your interests (for instance preparing a written response to the City lawyers). If so, you should consult us. In this way, we hope to provide wise counsel and helpful assistance. We are here to provide guidance for accountants in most circumstances. We will not, though, give legal advice.