A hearing in respect of a Formal Allegation against a member was heard before a Disciplinary Tribunal on 14 October 2025.
Summary of factual circumstances leading to findings
Issue 1
Arising from a referral to the Head of Professional Conduct by the Institute’s Quality Assurance Committee, an investigation was carried out in accordance with the Disciplinary Bye-Laws and Regulations. Following investigation of the disciplinary matter, which concerned the member’s alleged failure to provide certain information in compliance with the requirements of the Public Practice Regulations, the Conduct Committee determined there was a case to answer. The Conduct Committee referred a formal allegation for hearing by Disciplinary Tribunal.
Issue 2
The member was advised of the investigation of the disciplinary matter referred to at Issue 1 above. When the member did not engage meaningfully, despite numerous requests and reminders, an additional disciplinary matter was identified namely the alleged failure or neglect to respond or co-operate with the Institute’s disciplinary process adequately or at all. Following investigation of this issue the Conduct Committee determined there was a case to answer and it referred a formal allegation for hearing by Disciplinary Tribunal.
Findings and Orders made
The Disciplinary Tribunal found that Mr. Kieran Cooper, a member of the Institute, with an address in Belfast did act in breach of;
- the Institute’s Public Practice Regulation 7.9 and 1.28 by failing to provide information requested by the Institute in relation to Professional Indemnity Insurance run-off cover: and
- the Institute’s Disciplinary Bye-Law 7 by failing to co-operate with the Institute,
and is accordingly liable to disciplinary action under the Institute’s Disciplinary Bye-Laws.
The Disciplinary Tribunal ordered as follows:
Issue 1
That the member be severely reprimanded and fined €7,500.
Issue 2
That the member be severely reprimanded and fined €5,000.
The Disciplinary Tribunal also ordered the member make a contribution in the amount of €6,220 towards the Institute’s costs.
Decision in respect of sanction
The Disciplinary Tribunal had regard to the Institute’s Guidance in relation to Disciplinary sanctions and orders.
In considering both issues, the Disciplinary Tribunal placed significant weight on the public interest. The severity of the breaches was assessed as high in both instances, and the Tribunal regarded the potential damage to the Institute’s reputation as substantial. The indicative sanctions set out in the guidance were considered and duly adjusted taking into consideration mitigating and aggravating factors identified including:
Mitigating Factors
The member has no disciplinary history which ought to be taken into account
The member was practising certificate holder for a very short period of time.
Aggravating factors
The substantive issue related a failure to comply with the requirement to maintain professional indemnity insurance, including appropriate run-off cover. This obligation is fundamental to safeguarding the interests of members of the public and upholding the reputation of the Institute.
The member’s conduct demonstrated a clear and flagrant lack of cooperation, particularly in relation to the Institute’s efforts to enforce its regulatory framework. Such non-cooperation poses a serious risk to public confidence and undermines the integrity of the profession.
Reference: Donnchadh O'Neill, Gibney Communications
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