GOsC Fitness to Practise (FtP) panels: Hearings
The GOsC 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.
The Health Committee Panels (HC)
Panels of the HC decide whether or not a osteopath’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. The HC has the power to:-
- impose a Conditions of Practice Order
- suspend the osteopath’s registration
HC hearings are held in private unless the Committee considers it is more appropriate to hold the hearing or any part of it in public. This Committee can look at cases without having a hearing.
Professional Conduct Panels (PCC)
Panels of the PCC 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 personal or professional misconduct or incompetence. The PCC has the power to impose:-
- Admonishment
- Conditions of Practice Order
- Suspension Order
- Removal from the Register
PCC 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.
Interim order hearings
All committees can make interim orders at hearings while a case is being investigated and awaiting a final decision. The osteopath can attend and be represented. Prior to referral to the PCC or the HC, the Investigating Committee has the powers to make an interim suspension order for a specified period, which shall not exceed two months beginning with the date which the order is made.
The PCC and the HC also have the power to impose an interim suspension order while a case is being investigated. Additionally, they have the power to impose an interim suspension order to cover the period of 28 days before a Suspension or Removal Order takes effect and until any appeal against the Suspension or Removal Order has been decided.
Appeals and Judicial Reviews
Osteopaths can appeal against decisions made by FtP Panels. An appeal of a HC decision will be conducted by an Appeal Tribunal, which follows rules set down by the General Council. Osteopaths can appeal a PCC decision or an Appeal Tribunal decision in 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 an osteopath.
Restoration
If you have been struck off the Register, you can apply for restoration after a period of 10 months. When determining a restoration application, the Committee needs to be satisfied that the applicant:-
- Has paid the prescribed fee;
- Is in good physical and mental health;
- Is of good character; and
- Having regard to the circumstances which led to the removal, is a fit and proper person to practice osteopathy again.
On reviewing the restoration application, the Committee may make a Conditions of Practice Order.
CHRE- Council for Healthcare Regulatory Excellence
The CHRE has the power to appeal against a decision of the GOsC (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 GOsC to the CHRE for their consideration.
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