During the course of an individual healthcare practitioner’s professional life, a concern may be raised to the Health and Care Professions Council (HCPC) about their fitness to practise.
The purpose of the HCPC fitness to practise procedure is not to punish professionals or resolve service disputes. The purpose is to protect the public from future harm that may be caused by registered practitioners and ensure that they maintain the requisite knowledge, skills, and health to do their work.
While protecting the public is of course important, it is also important that healthcare professionals are treated fairly and have their interests properly looked after during the fitness to practise process. Our specialist professional discipline solicitors have helped many practitioners through this often distressing period.
What happens when a fitness to practise concern is raised?
When a fitness to practice concern is raised, the HCPC will appoint a case manager to review the complaint. The complaint may be dismissed if the concern is not related to protecting the public.
If the case manager determines there is a possible legitimate fitness to practise issue, i.e. that the professional’s fitness to practise may be ‘impaired’ in some way, the manager will notify the practitioner that a concern has been raised. Serious cases may result interim orders restricting or stopping the practitioner from working.
The HCPC will then conduct an investigation. Following fact gathering and investigation, the practitioner will be provided with the details and be given 28 days to respond. The details and practitioner response will be sent to an Investigating Committee.
The Investigating Committee is composed of at least three people, including one lay person and one practitioner in the same profession as the respondent. Meetings are held in private. The purpose of the committee is to review the evidence and decide if there is a case to answer. During review, it may request more information. If there is a case to answer it will pass the case forward to a final hearing and the practitioner will receive notice detailing reasons for the decision.
Fitness to practise hearings
If the case proceeds to a hearing, one of three panels will hear the case depending on the nature of the concern. Prior to the hearing, further information will be posted on the HCPC website. The concern information and case hearing are public unless confidentiality demands that portions are kept private.
The HCPC explicitly recognises practitioners’ rights to legal advice; a practitioner may retain counsel or represent him or herself. It should be noted that the HCPC itself will retain a solicitor to conduct its case and interview witnesses. Legal representation is therefore strongly advised.
The panel can compel witnesses to attend although they cannot compel the practitioner to attend; nonetheless it is highly recommended for the practitioner to appear. The panel will focus on the facts; whether the claimed allegations which violate professional standards were proved; whether past behaviour indicates a likelihood of future harm to the public and a variety of ethical indicators.
Potential outcomes of panel hearings
When the panel deems a concern well founded, there are a variety of possible outcomes. It can mandate mediation to resolve concerns, issue a warning, set conditions on practise, suspend practise for up to a year, or remove a practitioner from the register permanently. The decision may be appealed.
If a practitioner is removed from the register, the HCPC will accept an application for restoration after five years.
It is essential that healthcare professionals facing a fitness to practise concern seek advice from a specialist professional discipline solicitor as soon as a concern is raised. Contact our HCPC solicitors on 01616 966 229 for more information or complete our online enquiry form.