Health & Care Professions Council (HCPC) Lawyers

HCPC fitness to practise proceedings

We represent clients at all stages of proceedings including initial referral and investigation, interim orders hearings, final hearings and appeals against decisions. We have experience of assisting clients with the following matters:

• Advising on applications for registration
• Advice on HCPC reporting requirements
• Preparing written responses to the investigating committee
• Representation at interim orders hearings
• Advising on disposal of cases by consent
• Representation at fitness to practise hearings before HCPTS
• Advising on appeals to the High Court
• Representation at substantive order review hearings

Our expertise in this area is wide-ranging. You can be assured that whatever issue you face, our team will have experience of dealing with similar issues. We have experience of defending the full range of fitness to practise cases, including:

• Record keeping
• Communication issues
• Misuse of social media
• Confidentiality and data protection
• Failure to escalate concerns
• Clinical performance issues
• Serious clinical incidents
• Professional boundaries
• Sexually motivated misconduct
• Dishonesty
• Financial misconduct
• Issues relating to a practitioner’s physical or mental health
• Issues in relation to indemnity insurance
• Drug and alcohol dependency
• Breaches of interim orders
• Criminal convictions

HCPC case studies

HCPC investigations

• Our lawyers acted for a practitioner psychologist facing multiple allegations of misconduct. Detailed written submissions were made to the HCPC’s investigating committee arguing that there was no realistic prospect of the factual allegations being proven, that the allegations did not amount to misconduct, and that there was no prospect of a finding of current impairment. The Committee concluded that there was no case to answer and no further action was taken.

• Our lawyers acted for an operating department practitioner who was accused of misconduct relating to medicines management. The allegations were admitted however we provided evidence of significant insight and remediation. The investigating committee found there was no prospect of a finding of current impairment. The panel concluded there was no case to answer and no further action was taken.

• Our lawyers acted for a paramedic facing several allegations of poor professional competence and misconduct. Written submissions were made to the HCPC’s investigating committee who found that that there was no realistic prospect of a finding of impairment of fitness to practise. The committee therefore concluded the case with no further action.

• Our lawyers acted for a practitioner psychologist who was referred to the HCPC by a private patient following treatment for a complex condition. We advised our client to provide relevant information and evidence at the outset of the investigation. This resulted in the HCPC concluding that their threshold criteria was not met and the case was dismissed without the need for a formal investigation.

• Our lawyers acted for a hearing aid dispenser accused of wide-ranging breaches of their former employer’s policies and procedures. The former employer maintained that it had been necessary to void a significant number of tests. During the investigation it was demonstrated that our client’s practice had adhered to BSA standards at all times. The case was concluded with no further action.

HCPC hearings

• Our lawyers acted for a radiographer facing a number of allegations including poor competence and aggressive behaviour towards colleagues. The case was heard by the Conduct and Competence Committee. The most serious allegations were successfully defended at the hearing and the panel found that our client’s fitness to practice was not currently impaired. Our client was able to continue to practice without restriction.

• Our lawyers acted for an operating department practitioner referred to a hearing before the Conduct and Competence Committee following a criminal conviction for a violent offence. The allegation was admitted but extensive evidence of mitigation, insight and reflection was put forward at the hearing. The committee imposed a caution order which did not present our client from continuing to practise.

• Our lawyers acted on behalf of an occupational therapist facing an allegation of misconduct in relation to an inappropriate comment made in the workplace which was alleged to be racially disparaging. The case was heard by the Conduct & Competence Committee. While the allegations were admitted, and evidence was put forward detailing the registrant’s excellent practice and significant insight into the incident. The panel found that our client’s fitness to practise was not currently impaired and therefore no sanction was imposed. Our client was able to continue to practice without restriction.

• Our lawyers acted for a practitioner psychologist whose application for registration was refused by the HCPC. We advised that the decision could be challenged, and an appeal was pursued to the HCPC’s Registration Appeals Panel. We argued that when considering our client’s application, the HCPC had failed to properly consider our client’s evidence which satisfied the standards of proficiency. The appeal was successful and out client’s application for registration was granted.

What clients say

"Cameron was in charge of my case for the HCPC and he helped me feel at ease and relaxed throughout the whole time. He explained calmly and concisely the process of my case and what will happen. He supported me building a bundle and helped me understand what was required. He calming nature helped put me at ease and I felt well supported throughout the whole case. With his support I was able to get a successful outcome from the interim order HCPC hearing where he successfully defended me and allowed me to practice without any restrictions applied to my registration. Very happy with the support advice and guidance so thank you very much. Would recommend to anyone who needs support for their case. You will feel like you are in safe hands throughout the whole time."

Contact our HCPC solicitors for further information

If you are under investigation by the Health and Care Professions Council or you have been referred to a hearing, please contact our team without delay either by calling us on 0161 696 6250 or by completing our online enquiry form.