A CA's guide to avoiding complaints

The ICAS Investigations Team has prepared a series of short articles to help members avoid common complaint issues that can arise over the course of a client relationship.

If you would like to speak to someone in the Investigations Team regarding a potential issue or complaint, please contact our helpline on: 0131 347 0271 or send an email to: ethicalenquiries@icas.com

Top tips to avoid complaints related to Practicing Certificates

Each year ICAS receives complaints of Members practising in the absence of a Practising Certificate (PC), in breach of the Public Practice Regulations.  

In recent years, the Investigation Committee has disciplined a number of CAs for practising without a PC, with disciplinary sanctions ranging from a formal written warning to an order of reprimand at the higher end of the scale. With findings carrying a financial penalty and publicity of the outcome, the consequences for CAs not complying with the requirements can be far-reaching.

This article takes a look at a CA’s obligations to hold a PC and key points to consider to avoid falling foul of practising without a PC.

Main points:

  • Where engaging in practice a CA must comply with the requirements of the Public Practice Regulations to hold a PC and appropriate professional indemnity insurance.
  • Special rules may apply for those undertaking voluntary work or independent examinations carried out without charge or for a nominal fee.
  • The definition of ‘engaging in practice’ is broad and some aspects of consultancy work can require close scrutiny.
  • If providing accountancy services to anyone other than your employer, contact ICAS to determine if a PC is required.

When is a PC Required?

In the most straight-forward of cases, if you are planning to set up your own accountancy business, a PC is always required. It is important that if you are a principal in a firm providing accountancy or related services, or you intend to set up your business in this way, you contact ICAS to obtain a valid PC to cover your business activities and meet the requirement to hold professional indemnity insurance (PII).

Yet, CAs are often under the impression that they do not require a PC unless they are a principal in an accounting firm; which is not the case. Generally speaking, if a CA provides accountancy or related services to someone other than their employer, and are paid for the services, then they are deemed to be in public practice and are required to hold a PC to cover their work.

The remainder of this article covers some of the common misconceptions about when a PC is required.

Voluntary work

A common misunderstanding is when work is undertaken for charities on a voluntary basis. CAs do not require a PC if they provide accountancy services to small charitable bodies, or to similar non-profit making bodies, as long as:

  • they are not conducting the work ‘by way of business’;
  • are either carrying out the work free of charge, or for a nominal fee of £100 or less per engagement; and
  • are subject to a maximum of ten of these type of appointments in a year; If the CA does not meet all the above requirements or undertakes more than 10 appointments in one year, then they will trigger the need for a PC.

The CA should ensure that they have the professional knowledge and skill at the level required for any voluntary work that they undertake.

Independent Examination

It is possible for CAs to carry out an independent examination for a small charitable body without a PC, as long as the body qualifies as small (currently defined as gross income of £500,000 or less) and the work is undertaken without charge or for a nominal fee of £100 or less, subject to the maximum limit of ten voluntary appointments as above. Where such work is carried out in the absence of a PC, it is important to inform the trustees in writing if similarly, no PII cover is held. Failure to do so could potentially lead to a complaint being raised against the CA.

Audit work requires additional authorisation

It is important that no audit work is ever undertaken in the absence of a PC. Not only does audit work always requires a CA to hold a PC, but additional authorisations are needed to be an auditor. In the UK only Registered Auditors can conduct audit work. There are no exceptions to this rule. Further guidance on becoming a Registered Auditor can be found at icas.com.


Subcontractor and consultant roles are more complicated as there are many different variations in these type of arrangements. Whether a CA requires a PC depends on the nature of the contract with their firm or client and who is bearing the risk if something goes wrong.

In simple terms, if the CA bears the risk, then a PC is required. If the firm/client bears the risk, this would indicate that they are taking responsibility for the CA’s work, akin to an employment contract, and it is less likely that a PC would be required. In a bid to safeguard against a complaint of practising without a PC, CAs are encouraged to contact ICAS for advice if there is any doubt over whether a PC is required.

Board appointments

CAs are routinely asked to accept board appointments due to the well-rounded skill set they possess. CAs are not considered to be engaging in practice if they act as a trustee, treasurer, committee member or board member. In these types of roles, Members are considered to be acting as an ‘officer’ of the entity in question and therefore are not ‘in practice’ and do not require a PC.

Further support

Further advice on whether a PC is required, including answers to commonly asked questions, is available at icas.com.

Top tips to avoid fee complaints

ICAS’ Investigation Committee is becoming increasingly concerned about a rise in the number of people complaining about the way they’ve been invoiced by their accountant. In particular, people are objecting to feeing arrangements which they claim not to understand and which seem to financially penalise clients looking to change accountant.

In addition to taking a closer look at the issues, this article provides practical information on how fee complaints can be avoided.

Main points:
  • CAs must ensure that they meet their ethical obligations when invoicing clients.
  • The basis for fees should be discussed and agreed with clients at the earliest opportunity.
  • Clear communication is crucial where fees aren’t being charged on a ‘time and line’ basis.
  • Best practice is to set out invoicing arrangements in a letter of engagement.

What are the Code of Ethics requirements?

Fee complaints often occupy a grey area between commercial contractual arrangements and the ethical obligations of a CA. In general, the Committee won’t consider complaints which focus solely on the level of fees charged. As is clear from Section 240 of the ICAS Code of Ethics, it is for accountants and their clients to negotiate and agree terms for their relationship:

“The Institute does not set charge-out rates or otherwise prescribe the basis for calculating fees, nor does it ordinarily investigate complaints relating solely to the quantum of fees charged”.

While the amount of fees may not be considered, Section 240 does set clear parameters, leading the Committee to ask the following key questions when a fee related complaint is received:

  • Was the client adequately informed of the basis on which fees would be charged?
  • Is there a letter of engagement or other evidence of an agreement with the client?
  • Was the client promptly notified of an increase to a previous fee estimate?
  • Do the terms clearly explain the financial implications of disengagement?
Case example - retainer fees

In recent years, the Committee has considered a number of invoicing arrangements which depart from the traditional ‘time and line’ method of charging.

One example is feeing clients on a ‘retainer’ basis; clients pay a monthly fee which covers any work undertaken by the accountant in that particular month (services may or may not be restricted in scope).

While there is nothing inherently unethical about such an arrangement, it can carry an increased risk of complaint, as illustrated by the following example:

  • CA is engaged to produce annual accounts for a limited company client with a September year-end.
  • Fees are paid monthly on ‘retainer’ basis.
  • The client decides to terminate the engagement in July.
  • The client complains when the accountant confirms that no work on the accounts has been undertaken and that the six monthly fees will not be repaid to the client.
  • Terms of business do not make it clear what happens on termination of the engagement.

In a bid to safeguard client relationships and avoid the potential for complaint, the Committee strongly encourages all CAs to review their feeing arrangements in light of the requirements of Section 240 of the Code of Ethics; especially where fees are being charged other than on a time and line basis.

How best should CAs deal with fee disputes?

It’s unrealistic to think that no fee will ever be disputed.  Merited or not, CAs are encouraged to take proactive steps to resolve fee disputes.

CAs are reminded that they are obliged by Sections 240.4D and 240.4E to take certain steps to deal directly with fee disputes – e.g. by providing the client with “such details as are reasonable to enable the client to understand the basis on which the fee account has been prepared”.

If the client is unhappy with the level of the fees, it may be appropriate to bring their attention to the ICAS Fee Arbitration Scheme.

Further support

Further information on fees is available in the General Practice Procedures Manual, which can be accessed for free by eligible ICAS firms.

If you have any questions in relation to a fee dispute, please contact the Investigations Department on 0131-347-0271.

Top tips to cut client communication complaints

A common feature of complaints received by the ICAS Investigations Team is the claim that a Member has failed to respond to their client or a fellow accountant in a timely and courteous manner.

The aim of this article is to outline simple steps that can be taken to ensure clients are satisfied with the level of communication they receive from their accountant, and also to emphasise the risks of failing to communicate with ICAS, or refusing to co-operate with the investigation of a complaint.

We are confident that if all our Members take note of the points highlighted; communication-related complaints received at ICAS will fall significantly.

Main points
  • ‘Failure to respond’ a common complaint area.
  • Adopt some simple rules to ensure clients are satisfied.
  • If in doubt, contact the ICAS Investigations Team
Establish realistic service expectations

Define service parameters at the outset of the engagement and eliminate any expectation gaps at the beginning of your client relationship. Making sure you’re all on the same page is a good way of preventing issues before they even begin.

Co-operate with other accountants

Issues often arise when a client decides to change accountant. Whilst we appreciate that it may be frustrating that the client has decided to terminate your relationship; this doesn’t mean that communications from a fellow accountant should be ignored.  All of our Members need to remember that the Code of Ethics requires an outgoing accountant to co-operate with the incoming accountant.

Be clear about right of lien

It is important to note that if you intend to exercise a right of lien over client records, this should be explained clearly to the client or the new accountant at the earliest opportunity to avoid matters escalating. If you have any doubts over rights of lien, please consult our Right of Lien Helpsheet.

How to respond to challenging clients

We sometimes have to deal with perplexing clients who never appear to be satisfied with the level of communication they receive. Be assured that we know it is not realistic to expect you to answer emails sent in the middle of the night or to pick up every call you may receive from a particularly demanding client. In these circumstances, we would expect you to provide these clients with a reasonable level of response. If you genuinely consider that you can’t provide a detailed response immediately, consider issuing a holding response, and be sure to give the client a realistic understanding of when their query will be addressed in full.

Establish a second point of contact

It is a good idea to have a think about who the client can speak to in your office in your absence. It can be very useful to give clients contact details for other members of staff who can assist them with their affairs. If even their query can’t be answered, a client is likely to be happier if there’s someone to speak to in your office.

Co-operate with our team

In a small number of cases we find that Members have not co-operated with the Investigations Team and have ignored the Case Officer’s correspondence when a complaint has been made. By failing to co-operate with a member of the Investigations Team, Members are in breach of the ICAS Investigation Regulations and could be liable to disciplinary action. In some cases Members have been excluded from membership for their failures to respond.

Please don’t stick your head in the sand, as the complaint won’t go away without your input and assistance.

Respond in good time

Please ensure that if you do receive a complaint from the Investigations Team at ICAS, you respond within the stipulated timescales and assist the Case Officer as much as you can. This will demonstrate your willingness to co-operate with the investigation.


We believe that by drawing your attention to the simple steps outlined above, the possibility of you becoming subject to an ICAS investigation or being subject to a disciplinary action will be significantly reduced

The Investigations Team at ICAS provides assistance to Members and also offers ethical advice. If you are experiencing any communication problems or have any concerns, please contact the team for advice at the earliest opportunity on 0131 347 0271.


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