On the 1st August 2012, the Health and Care Professions Council became the official regulators of all healthcare professionals.
The disciplinary process, as outlined by the Health and Care Professions Council, is carried out according to the following procedure.
Investigation
Allegations against fitness to practice will be investigated by a case manager and presented to the Health and Care Professions Council. The accused healthcare professional must respond within 28 days if they choose to do so.
Following the accusation, the case manager will present the matter to an investigating committee. They will decide whether or not to proceed to a full hearing. If a hearing is required, the case will be prepared by a solicitor on behalf of the Health and Care Professions Council.
Hearing
Hearings related to misconduct, convictions or cautions, lack of competence, determinations by another regulator or decisions on barring a professional will be brought before the Conduct and Competence Committee.
Hearings related to the health of the healthcare professional that affects their abilities to perform or their decision-making will be brought before the Health Committee.
Hearings relating to matters of fraudulent or incorrect registration will be brought before the Investigating Committee.
In all cases, a presenting officer, usually a solicitor, will manage the hearing. Evidence, including that of witnesses and experts wherever relevant, will be presented on behalf of both the prosecution and the healthcare professional.
Decision
If fitness to practice is proved to be diminished on the balance of probabilities, the following actions may be enforced:
- No further action
- Mediation to find a suitable resolution for all parties
- A caution and a warning; placed on the healthcare professional’s registration for between 1 and 5 years
- Conditions placed on the practice of the healthcare professional
- Suspension for a set period
- Removal from the register and prohibited in working in their field
Appeal
The healthcare professional can appeal against any decision or judgement to the High Court within 28 days of the decision.
Internal disciplinary proceedings
We also represent any healthcare professionals involved in cases where their employer or line manager has brought internal disciplinary proceedings against them.
Our Employment Lawyers in Leeds offer representation for healthcare professionals in all cases presented by the Health and Care Professions Council (HCPC).
