HPC Fitness to Practise (FtP) panels: Hearings
The HPC panels hold hearings to decide whether the allegation of impairment is proved and if so, what action to take. They also consider restoration to the register where a person has previously been removed.
Hearings are usually held in public. This means that members of the public (including the press) can attend. The hearings are sometimes held in private due to the confidential information involved. The registrant or his/her representative can apply to the panel to hear the case in private. Even if the hearing is in private, the panel decisions and the reasons for them still need to be given in public.
The Health Committee Panels (HC)
Panels of the HC decide whether or not a health professional's fitness to practise is impaired by physical or mental ill health and, if so, what is the appropriate sanction required to ensure the safety of the public.
Conduct and Competence Committee Panels (CCC)
Panels of the CCC consider allegations referred to them by the IC or the HC. The panel will decide whether a registrant’s fitness to practice is impaired by reason of:
- misconduct
- lack of competence
- criminal offence
- mental or physical health
- a determination by a health professions body in the UK
The Investigating Committee (IC)
The IC also holds hearings considering fraudulent or incorrect entry to the HPC Register. If the panel is satisfied that an entry in the register has been fraudulently procured or incorrectly made it may make an order that the Registrar removes or amends a registrant's entry on the HPC Register.
Interim order hearings
All three committees can make interim orders at public hearings while a case is being investigated and awaiting a final decision. The health professional can attend and be represented. The committees have the powers to make the following Orders:
- Interim Suspension Order: suspension of the health professional’s registration for no more than 18 months.
- Interim Conditions of Practice Order: imposed conditions on the health professional for no more than 18 months.
Investigations continue alongside interim orders. Orders must be reviewed after six months and then every three months. The HPC must apply to the High Court in England and Wales or Northern Ireland or the Court of Session in Scotland if it wishes to extend an interim order for up to one year.
Appeals and Judicial Reviews
Health Professionals can appeal against decisions made by FtP Panels to the High Court in England and Wales or Northern Ireland, or the Court of Session in Scotland. Appeals must be made within 28 days of a decision being served on a health professional.
Restoration
If you have been struck off the Register, you can apply for restoration after five years have lapsed since the striking off order came into force. You can only make one application for restoration in any period of twelve months. In refusing an application made for a second time, the Panel may, by direction, suspend the applicant's right to further restoration applications. The applicant can apply for review of this direction after three years, and at three year intervals after that.
CHRE- Council for Healthcare Regulatory Excellence
The CHRE has the power to appeal against a decision of the HPC (or the decision of any other regulatory body) to the High Court in England and Wales or Northern Ireland, or to the Court of Sessions in Scotland on the grounds that a decision is 'unduly lenient'. This is in accordance with Section 29 of the National Health Service Reforms and Health care Professions Act 2002. All decisions of the FtP Panels are automatically referred by the HPC to the CHRE for their consideration.
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