On 26 October 2011, the Disciplinary Board considered allegations of improper conduct against an Associate Member, Mr Djemal Redjeb Moustafa, Membership Number 48744537, of Enfield, Middlesex.
It was alleged that Mr Moustafa had failed to submit his clients’ planning application to the Local Authority although telling them that this had been done, thus failing to have due regard to his duty of care to his clients.
The Disciplinary Board found Mr Moustafa guilty of Improper Conduct in relation to the allegation against him in that he had breached By-law 35, By-Law 36 and Rule 1 of the Rules of Professional Conduct.
By-law 35 requires all members to order their conduct so as to uphold the dignity, standing and reputation of the Institution.
By-law 36(4) lays down that “improper conduct” shall mean any conduct, other than that laid down in By-law 36(1) – (3), which shall indicate unfitness to be a member or shall otherwise be unbefitting to a member as such.
Under By-law 35, the Council is empowered to make Rules of Conduct to be observed by all members to ensure the fulfilment of the requirements of By-law 35. Rule 1 of the Rules of Professional Conduct states: “All members shall discharge their professional duties with integrity”.
Under the powers conferred on it by By-law 40, the Disciplinary Board ordered that Mr Moustafa should be Severely Reprimanded and that he should pay £1,000.00 towards the Costs of the Hearing, and that the fact and particulars of the Order against him, and the details of the improper conduct of which he had been found guilty, should be posted in the Institution and published.