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After the hearing
What power do the panel have?
Actions the panel take are to protect the public and are not meant as a punishment.
The panel carefully consider the individual circumstances of each case and take into account all that has been said at the hearing before making any decision.
In deciding whether a registrant’s fitness to practise is impaired, the panel take account of other factors.
Those factors include:
- whether previous warnings had been ignored;
- whether action has been taken to correct your behaviour;
- whether insight has been shown (understanding of the harm caused);
- whether registrants now know what action to take to practise safely and effectively;
- the link between the conduct and the registrant’s profession;
- whether behaviour has undermined public confidence;
- whether registrants have met our standards of conduct, performance and ethics; and
- whether registrants are likely to repeat the behaviour.
If the panel think there are concerns, they can:
- take no further action or order mediation (a process where an independent person helps the registrant and the other people involved agree a solution to any issues);
- caution the registrant (place a warning on their registration details for between one to five years);
- make conditions of practice that the registrant must work under;
- suspend the registrant from practicing; or
- strike their name from our Register, which means they cannot practise.
The HCPC’s indicative sanctions policy details sanctions available to panels and is available from the link below.
If a ‘conditions of practice order’ or ‘suspension order’ has been made, a panel will review the case shortly before it is due to run out. Although conditions of practice orders and suspension orders are automatically reviewed before they run out, registrants can apply to have an order reviewed. Registrants can do this if they think circumstances have changed since the order was put in place
If registrants have been asked to meet conditions of practice, the panel will look for evidence that they have met these conditions. If registrants have been suspended, the panel will look for evidence that the registrant has dealt with the problems that caused the suspension.
The panel will leave the hearing room to make their decisions. The panel first have to decide whether:
- the incident happened as set out in the allegation;
- the incident amounts to ‘grounds’ set out in the allegation (for example, misconduct or a lack of competence); and,
- if a registrant’s fitness to practise is impaired as a result.
When the panel have made their decision, they will look at whether any past behaviour suggests there may still be a continuing risk of harm. For each decision they make, they will give reasons that they will read out in public. In most cases, details of each panel’s decision will be published on our website. Panel decisions can be found here.
Copies of the panel’s decision will be sent to all parties who take part in the hearing.
Appeals / PSA / restoration
Registrants can appeal against the panel’s decision if they think it was wrong or the sanction was unfair. Appeals are made directly to the High Court or the Court of Session in Scotland.
Professional Standards Authority (PSA)
PSA is an organisation that promotes best practice and consistency among the nine UK health-care regulatory bodies. PSA may also refer a regulator’s final decision on a fitness to practise case to the High Court (or to the Court of Session in Scotland) if they think the decision was ‘unduly lenient’ (not strict enough). Click here for more information on the PSA.
Restoration to the register
If a registrant is struck off the Register, they can apply for restoration (to be put back on the Register) after five years. A hearing will be held for a panel to consider any application. You can find more information in the HCPC’s practice note called ‘Restoration to the Register’
If you are a witness and have feedback about attending a hearing please email email@example.com.
If you are a representative of a registrant and have feedback about attending a hearing please email firstname.lastname@example.org.
For all other feedback about attending a hearing, please email email@example.com.
Witness feedback formAdobe PDF Document145kb