Regulation of Health and Social Care Professionals Consultation

Assessments
8.37 Most regulators have a specified procedure for undertaking medical and
professional performance assessments. These assessments enable the
Investigation Committee to seek such advice and information as they consider
necessary to assess the registrant’s health or standard of their performance. The
approach to these assessments varies between the regulators. For instance, the
General Optical Council’s rules direct the registrant to submit to examination and
that inferences can be drawn from a failure to co-operate. By contrast, the
General Osteopathic Council merely invites a registrant to agree to an
assessment and the Health Professions Council’s Investigation Committee lacks
any power to request that a registrant attend a medical examination. 31
Power to require information
8.38 Most of the regulators are given a general power to require the disclosure of
information where the fitness to practise of a registrant is in question. This can
apply at the investigation and adjudication stage. This power is seen as
particularly useful where a claimant withdraws their co-operation but the case
concerns a serious issue which might impact on public protection. 32
8.39 Although the precise wording varies, the power normally provides that:
(1) a person authorised by the Council may require information relevant to its
fitness to practise function from any other person (other than the
registrant from whom the information is sought);
(2) as soon as reasonably practical after the matter has been referred to a
fitness to practise committee, the Council can require from the registrant
the details of their employer or any other person with whom they have an
arrangement to provide services;
(3) nothing in this power requires any disclosure of information which is
prohibited by any enactment, but where the prohibition relates to
information which allows for the identification of an individual, the
information can be put in an anonymised form; and
(4) nothing in this provision permits the supplying of information which a
person could not be compelled to produce in civil appeals against fitness
to practise decisions. 33
8.40 Some of the provisions contain a statement that it is to be assumed that the
31 General Optical Council (Fitness to Practise) Rules Order of Council 2005, SI 2005 No
1475, r 8 and General Osteopathic Council (Investigation of Complaints) (Procedure)
Rules Order of Council 1999, SI 1999 No 1847, r 13. For a commentary on the lack of
powers given to the Health Professions Council’s Investigation Committee see Council for
Healthcare Regulatory Excellence, Fitness to Practise Audit Report: Audit of Health
Professional Regulatory Bodies’ Initial Decisions (2011) para 11.17.
32 See, Council for Healthcare Regulatory Excellence, Fitness to Practise Audit Report: Audit
of Health Professional Regulatory Bodies’ Initial Decisions (2011) para 6.11.
33 For example, Medical Act 1983, s 35A and Pharmacy Order 2010, SI 2010 No 231, art 49.
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