Regulation of Health and Social Care Professionals Consultation

PART 8
FITNESS TO PRACTISE: INVESTIGATION
8.1 The governing legislation establishes detailed processes that the regulators must
follow when considering fitness to practise cases. The process begins with the
investigation of allegations of impaired fitness to practise. This Part considers the
investigation stage and covers the following issues:
(1) allegations;
(2) initial consideration;
(3) investigation;
(4) threshold test;
(5) disposal of cases;
(6) mediation; and
(7) reviews.
8.2 Although the adjudication stage is covered separately in Part 9, there is
considerable overlap between that stage and the investigation stage. Some of the
matters discussed in this Part, including consensual disposals and mediation, are
also relevant at the adjudication stage.
ALLEGATIONS
8.3 The fitness to practise process begins with the making of an “allegation”. 1 In most
cases the legislation states that any such allegation must be made to the
regulator in question against a registered practitioner that their fitness to practise
is impaired by reason of one or more of the statutory grounds. 2 In most cases, the
statutory grounds are misconduct, deficient performance, criminal conviction or
determination by another regulatory body, and adverse physical or mental health
(see Part 7).
8.4 In addition, the Health Professions Council and Nursing and Midwifery Council
define allegations as including any allegation made against the registrant to the
effect that an entry in the register relating to them has been fraudulently procured
or incorrectly made. 3 Other regulators deal with this issue separately to their
fitness to practise procedures by giving the Registrar powers to erase such an
entry from the register and a right to appeal to a Registration Appeals Panel.
1 All of the relevant legislation uses the term “allegation”, except for the rules governing the
General Social Care Council which refer to a “complaint”: General Social Care Council
(Conduct) Rules 2008, r 12(4).
2 For example, Nursing and Midwifery Order 2001, SI 2002 No 253, art 22(1).
3 Health Professions Order 2001, SI 2002 No 254, art 22(1)(b).and Nursing and Midwifery
Order 2001, SI 2002 No 253, art 22(1)(b).
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