Regulation of Health and Social Care Professionals Consultation

epeated. Second, following an investigation where an allegation about fitness to
practise has been upheld by a Panel where the claimant and registrant can
participate in discussion about the appropriate remedial steps. 59
8.76 The Health Professions Council and Nursing and Midwifery Council have a
specific power to mediate allegations with the registrant. 60 At the Health
Professions Council, screeners or any of the practice committees including the
Investigation Committee can conduct mediation. 61 Screeners may be requested
by the Investigation Committee to undertake mediation and may adopt any
procedure that it sees fit. 62 The legislation also provides for mediation after an
allegation has been investigated and declared to be well-founded. 63 The relevant
practice note recognises that although mediation is not appropriate in serious
cases which the public interest requires should be resolved openly, it may be
relevant for matters such as low levels of impairment where an apology is being
sought, complaints about overcharging, agreements between practitioners and
poor communication. 64
8.77 The General Medical Council has proposed the introduction of facilitators, rather
than mediators, to assist in discussions with doctors about the appropriate
sanction to protect the public. It is argued that the role of a facilitator focuses on
the need to foster constructive dialogue without taking any role in the outcome of
the discussion. 65
Provisional view
8.78 Mediation will only be appropriate for use in a limited number of fitness to practise
cases. Indeed, it is likely that the extent to which it is used will depend on the
sector and the availability of other forms of dispute-resolution, such as complaints
procedures at local levels, which may be more inclined to provide a mediation
service. Nonetheless, mediation can be a useful option in certain cases, and it is
our provisional view that all regulators should be given rule-making powers to
introduce a system of mediation if they wish to do so. Any system of mediation
introduced would be subject to the annual performance review carried out by the
Council for Healthcare Regulatory Excellence (see Part 10).
8.79 The power to introduce mediation would be sufficiently broad to enable each
regulator to make rules on a variety of matters. This could include who can
undertake mediation, at what stages in the investigation and fitness to practise
59 As above, p 56.
60 For example, Nursing and Midwifery Order 2001, SI 2002 No 253, arts 26(6) and 29(4) and
Health Professions Order 2001, SI 2002 No 254, arts 26(6) and 29(4).
61 Health Professions Order 2001, SI 2002 No 254, arts 26(6) and 29(4).
62
Health Professions Council (Screeners) Rules Order of Council 2003, SI 2003 No 1573, r
6.
63 Health Professions Order 2001, SI 2002 No 254, art 29(3).
64 Health Professions Council, Practice Note: Mediation (2009), p 3.
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