Regulation of Health and Social Care Professionals Consultation

Provisional Proposal 8-3: The statute should contain a clear statement that
there is no set format for allegations.
Question 8-4: Should the statute prohibit the regulators from setting a time
limit for bringing an allegation against a registrant or should there be a
consistent time limit for allegations across the regulators (and if so, what
should it be)?
INITIAL CONSIDERATION
8.19 Once an allegation has been made, some regulators have formal powers of initial
consideration to determine whether or not the case should proceed. A number of
regulators have established a formalised “screening” process, while in other
cases the powers of initial consideration are vested in the Registrar. But which
ever system applies, the decision-maker effectively begins the investigation
process and has considerable discretion to dispose of cases.
8.20 The Health Professions Council has the most developed screening method with
dedicated rules on the matter. 13 All allegations may be referred to a screening
panel which is made up of at least two screeners, including a lay and registrant
member. Members of the Fitness to Practise Committee, Council employees or
legal, medical or other assessors are prohibited from being screeners. The panel
has the task of determining whether power is given under the Health Professions
Order 2001 to deal with the allegation. 14 If the panel decides that such power is
given, the case can be referred to the Investigatory Committee, the Conduct and
Competence Committee or the Health Committee. If there is no power, the panel
may close the case. The decision to close the case can only be made by a
unanimous or majority decision of panel members. A screening panel can also be
requested by a Practice Committee to mediate a case. 15
8.21 The General Osteopathic Council has powers of preliminary consideration that
require a screener to determine whether there is a power under the primary
legislation to deal with the complaint. Screeners are given a power to seek
information about or observations on the case from any person who might be of
assistance. 16 The General Pharmaceutical Council does not use the term
screener, but the rules establish a similar procedure whereby the Registrar is
given powers to undertake investigations to determine whether an allegation
should be referred to the Investigatory Committee or Fitness to Practise
Committee. In making this determination they can instruct Council employees to
undertake further inquiries. 17
13 Health Professions Order 2001, SI 2002 No 254, arts 23 and 24.
14
Health Professions Council (Screeners) Rules Order of Council 2003, SI 2003 No 1573, rr
4(2) and 5(1).
15 As above, r 6.
16
General Osteopathic Council (Investigation of Complaints) (Procedure) Rules Order of
Council 1999, SI 1999 No 1847, r 5.
17
General Pharmaceutical Council (Fitness to Practise and Disqualification Rules) Order of
Council 2010, SI 2010 No 1615, r 6.
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