Regulation of Health and Social Care Professionals Consultation

process it is available and the role of the mediators. The regulators could, for
example, restrict the role of mediators to facilitating constructive dialogue without
taking any role in the outcome of the discussion. This would allow the
development of alternative forms of mediation, such as facilitators. However, we
welcome views on the use of mediation and whether it is appropriate for use at all
in fitness to practise procedures.
Question 8-20: Is the use of mediation appropriate in the context of fitness to
practise procedures?
Provisional Proposal 8-21: All regulators should be given rule and regulationmaking
powers to introduce a system of mediation if they wish to do so.
REVIEWS
8.80 Some of the governing legislation empowers the regulator in question to review
certain decisions made at the investigation stage. The review is undertaken at
some of the regulators by the Registrar, but elsewhere the review is undertaken
by the Investigation Committee or the Interim Order Committee. 66 The review of
interim orders is considered separately in Part 9.
8.81 The subject of the review includes decisions not to refer a case for a formal
investigation, not to refer cases to a Fitness to Practise Panel, to issue warnings
or agree undertakings. 67 However the General Dental Council is unique is having
powers to review decisions to refer cases to a Panel. At many regulators, the
review can be initiated by a wide range of individuals and bodies, including the
Registrar, practitioner, complainant, or any other person with an interest in the
decision. The ability to initiate a review elsewhere is more limited; for example, at
the Health Professions Council and Nursing and Midwifery Council only the
Investigations Committee can initiate the review.
8.82 In most cases, the grounds for a review are that there has been a decision which
is materially flawed or there is new information which has come to light. However,
some regulators have wider grounds for a review. For example, the General
Dental Council can review cases “if appropriate”.
8.83 Some regulators impose a time restriction on the ability to initiate a review. For
instance at the General Medical Council a review cannot take place more than
two years after the initial decision, except in exceptional circumstances. 68
65 General Medical Council, Reform Of The Fitness To Practise Procedures At The GMC:
Changes To The Way We Deal With Cases At The End Of An Investigation: A Paper For
Consultation (2011) p 20.
66 For example, at the General Medical Council the review is undertaken by the Registrar, but
at the Health Professions Council it is undertaken by the Investigation Committee.
67
See, for example, General Medical Council (Fitness to Practice) Rules Order of Council
2004, SI 2004 No 2608, r 12.
68 As above, r 12(4).
155