Rejected application to rejoin ICAEW following bipolar breakdown - What now?
Further to the continuing saga of my breakdown through Bipolar disorder and my problems with the ICAEW, this is the latest communication and my reply to the ICAEW. Does anyone in the community have any suggestions as to what I should do from here? I have no money with which to take these people to Court and need my qualification so that I can get a decent job and get myself out of the financial hole I am in... your comments and help is, as ever, appreciated
ICAEW to A Camus
"Dear Mr Camus
As you know, your application is not straight forward.
The major issue as I see it, is that you have not paid the ICAEW's fines and costs. Though I understand you see it that the disciplinary order should not have been made, it was made and has not been overturned on appeal. So, why should the sub committee allow you to come back into membership when you owe money to us and are unable to settle that claim?
The amount you owe us has not been written off. Has anyone told you otherwise?
Name withheld by me to protect the guilty
Senior Legal Advisor, Professional Standards"
A Camus to ICAEW
Dear Mr X,
Thank you for your email.
Despite overwhelming medical evidence that I was unwell during the course of the original incident and later during the time of the allowed appeal that was abandoned by my then solicitor as he received no coherent instruction from me because I had suffered a complete breakdown, the ICAEW have chosen not to allow me to reopen my case as "you must be allowed to continue with your business". As such I have had no opportunity to present my case in the light of my condition and - in all likelihood - clear myself of the matter I was brought before the disciplinary committee for.
What is more, although the medical evidence has been set aside in relation to an appeal of original complaint, evidence of my condition became of paramount importance in the process of my application to rejoin.
In other words, the ICAEW appear to both NOT recognise my metal health problem AND recognise it simultaneously!
What is more, during 2009 much correspondence passed between Mr Y (of the ICAEW) and Mr Turner of the solicitors I retained when I still has some money, in relation to a potential claim I had against the ICAEW under both the Disability Discrimination Act and the Human Rights Act. During the course of this correspondence, Mr Y spoke to Mr Turner and offered me "a deal" with regard to the financial side of the penalty if I discontinued my potential claim. Mr Turner took notes of this conversation and subsequently wrote to Mr Y seeking clarification of it. The clarification was not forthcoming and remains unforthcoming despite several attempts to obtain it.
Indeed, even in Mr Y's last communication to me, he stated that I should reapply and then he would consider what deal he could arrange for me and that my position would be made clear to the committee and that they would be asked not to consider the fact that no payment has been made at this time. (Sentiments I believe you echoed also in previous correspondence also - "Despite this correspondence, you need to be aware that in accordance with the Guidelines relating to Readmission applications, the Sub-Committee would normally expect an applicant to have paid all and any outstanding fines and costs before considering approval of an application for readmission. However, in light of the correspondence passing between you and Mr Y, the Members’ Registrar was prepared to waive the readmission fee. In light of that same correspondence the Sub-Committee will be invited to attach no or little weight to the fact that you have not yet paid the fines and costs." 07/12/2010)
Now it seems the position has shifted?
If my understanding of your email is correct it would appear that I have been punished for being unwell, have not been allowed the opportunity to defend myself whilst well and now no allowance will be made for my position with the committee and no support will be given by Mr Y or you for my rejoining the ICAEW as you want £30,000 from me BEFORE you even consider IF you will allow me back in!!!
This is extremely unfair and goes against all natural justice. Can you please confirm or correct my understanding of the position, clarify what if any support you are prepared to give me and set out what reasonable adjustments to the process you have made for me given my disability, for presently, I cannot see any?
I - and those supporters and interested parties I have copied into this email - await your reply with anticipation.
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