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Regulation of Health and Social Care Professionals Consultation

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(1) which qualifications are approved qualifications for the purposes <strong>of</strong> pre<br />

registration <strong>and</strong> post-registration qualifications;<br />

(2) the approval <strong>of</strong> education institutions, courses, programmes <strong>and</strong>/or<br />

environments leading to an award <strong>of</strong> such qualifications <strong>and</strong> the<br />

withdrawal <strong>of</strong> approval;<br />

(3) rights <strong>of</strong> appeals to an individual or a panel against the decision <strong>of</strong> the<br />

regulator to refuse or withdraw approval from an institution or<br />

course/programme;<br />

(4) the quality assurance, monitoring <strong>and</strong> review <strong>of</strong> institutions, courses,<br />

programmes <strong>and</strong>/or environments; <strong>and</strong><br />

(5) the appointment <strong>of</strong> visitors <strong>and</strong> establishment <strong>of</strong> a system <strong>of</strong> inspection <strong>of</strong><br />

all relevant education institutions.<br />

6.40 The regulators would be given broad powers to establish further rules on how<br />

these matters are implemented.<br />

6.41 The statute would also require the regulators to establish <strong>and</strong> maintain a<br />

published list <strong>of</strong> approved institutions <strong>and</strong>/or courses <strong>and</strong> programmes, <strong>and</strong><br />

publish information on any decisions regarding approvals.<br />

6.42 As discussed in Part 12, the statute would also place duties on education<br />

institutions to cooperate with the regulator in relation to its education function<br />

(including for the purposes <strong>of</strong> quality assurance <strong>and</strong> inspection). This would<br />

enable the regulators formally to require certain information <strong>and</strong> require the<br />

institutions to give reasons in writing if they decide not to comply. Such a refusal<br />

(depending on the reasons given) could lead to the regulator considering refusing<br />

or withdrawing approval from the relevant course or programme; but we do not<br />

think it is necessary to include this as a statement in the legislation.<br />

6.43 In addition, we propose that the statute should include a specific requirement on<br />

education institutions to pass on to the regulator in question information about<br />

student fitness to practise sanctions, including warnings, conditions,<br />

undertakings, suspension from the course/programme <strong>and</strong> expulsion. 32 This<br />

reflects the conclusions <strong>of</strong> the inquiry <strong>of</strong> the Council for <strong>Health</strong>care Regulatory<br />

Excellence into student fitness to practise, which argued that it is in the interests<br />

<strong>of</strong> public protection to share an individual student’s fitness to practise sanctions<br />

with a regulator. 33<br />

6.44 In addition, the regulators would be given powers but would not be required to<br />

issue rules on other matters, including but not limited to:<br />

32 In most cases education providers for courses leading to a pr<strong>of</strong>essional qualification<br />

investigate <strong>and</strong> take action where there are concerns about a student’s fitness to practise.<br />

See, for example, Sheffield Hallam University, Student Fitness to Practise <strong>Regulation</strong>s<br />

(2011). Some <strong>of</strong> the regulators issue guidance for education providers.<br />

33 Council for <strong>Health</strong>care Regulatory Excellence, Student Fitness to Practise: Should the<br />

Regulators Receive Every Outcome? (2010).<br />

108

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