Currently 15 professions are regulated by the Healthcare Professions Council. They are: arts therapists, biomedical scientists, chiropodists / podiatrists, clinical scientists, dieticians, hearing aid dispensers, occupational therapists, operating department practitioners, orthoptists, paramedics, physiotherapists, practitioner psychologists, prosthetists / orthotists, radiographers, and speech and language therapists.
Professions not included within the jurisdiction of the Council include doctors, dentists, nurses, opticians, osteopaths, chiropractors and pharmacists.
Complaints against professionals regulated by the Council are allocated to a "fitness to practise” case manager. An investigation is carried out and all relevant information is considered by a panel of 3 members of the Council's investigating committee. This panel does not decide whether or not the complaint is proven but simply whether or not it raises any concern about the professional's fitness to practise.
If they decide that there is a case to answer they will refer the complaint to one of the Council's "fitness to practise” committees. If that committee considers that it is necessary to protect the public or that it is otherwise in the public interest, it may make an interim order for up to 18 months suspending the person from practice or imposing conditions or restrictions upon the person's practice, pending the conclusion of the proceedings. The registrant must be given an opportunity to be heard on the question of whether or not such an interim order is necessary before it can be made.
The Council will instruct a solicitor to conduct the case leading to a "fitness to practise” hearing before a panel. Witness statements may be taken and other inquiries pursued. The panel will include a chairperson and a lay person, assisted by a legal assessor, and at the hearing the solicitor for the Council will open the case and call witnesses. The professional concerned may be represented and may, directly or through his/her representative, cross-examine the witnesses and may call his/her own witnesses and make submissions to the panel.
If the panel finds the case proved it may impose a "caution order" of between one and five years in length, make a "conditions of practice order" imposing restrictions or conditions upon the professional's registration for up to three years (e.g. requiring work under supervision or further training), or it may suspend registration for up to one-year or indeed strike-off.
A "striking-off order" is only made where there is no other adequate way to protect the public and maintain public confidence. Such an order may be made where there have been serious convictions, e.g. involving violence or sexual misconduct, or where there has been dishonesty or a serious abuse of trust. Striking-off will not take place where competence has fallen below expected standards or where fitness to practise has been impaired by ill-health if it is possible that extra training or supervised practice will be effective or the registrant's health may improve.
There is a right of appeal against a decision to suspend or strike off to the High Court within 28 days. The panel making the order may also make an interim order striking off, suspending or imposing conditions of practice to last until the expiry of the appeal period or conclusion of an appeal. Before making such an order the parties must be given an opportunity to address the panel on whether such an order is necessary and in making its decision the panel should take into account public confidence and the risk to users of the service.
If you are a member of one of these professions and you are the subject of an investigation you should take advice at the earliest opportunity. It may be that your professional association or insurer will assist you. With their approval or if you wish to choose your own source of legal advice and assistance, we can advise you in these processes and provide representation to you.
