Regulation of Health and Social Care Professionals Consultation

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Provisional view 8.84 The current powers of the regulators to review investigation decisions are limited to a small number of decisions. We think this should continue to be the case in our new framework. But to ensure the appropriate degree of legal certainty, it is also important for the review powers to be included in the statute itself. 8.85 First, we propose that the ability to initiate a review should apply when a decision is made following an investigation: (1) not to refer a case for an investigation following initial consideration; (2) not to refer the case to a Fitness to Practise Panel; (3) to issue a warning; or (4) to cease consideration of a case where undertakings have been agreed. 8.86 The right to a review would not extend to decisions to refer cases to a Fitness to Practise Panel, as provided for at the General Dental Council. This is on the basis that the Fitness to Practise Panel provides an appropriate forum for such cases. 8.87 Second, we propose that the grounds for review should be that: (1) new evidence has come to light which makes review necessary for the protection of public; or (2) the regulator has erred in its administrative handling of the case and a review is necessary in the public interest. 8.88 Third,, we propose that anyone else who has an interest in the decision should be able to initiate a review including but not limited to the Registrar, registrant, complainant and Council for Regulatory Healthcare Excellence. However, to protect the registrant from vexatious review requests, the ability to initiate a review would not be of right but would require an application to the regulator who would consider the merits of the request. 8.89 Finally, we propose that the statute should give the regulators broad powers to make rules on all other aspects of the review process. This would give the regulators flexibility to decide, for example, who must carry out the review, such as the Registrar or a formal panel/committee. However, we welcome views on whether any aspects of the review process would benefit from greater consistency, such as a time-limit imposed by the statute beyond which decisions cannot be reviewed (except in exceptional circumstances). Provisional Proposal 8-22: The statute should provide for a right to initiate a review of an investigation decision in relation to decisions: (1) not to refer a case for an investigation following initial consideration; (2) not to refer the case to a Fitness to Practise Panel; (3) to issue a warning; or (4) to cease consideration of a case where undertakings are agreed. 156
Provisional Proposal 8-23: Anyone who has an interest in the decision should be able to initiate a review of an investigation decision, including but not limited to the Registrar, registrant, complainant and CHRE. Provisional Proposal 8-24: The grounds for a review of an investigation decision should be that new evidence has come to light which makes review necessary for the protection of the public or the regulator has erred in its administrative handling of the case and a review is necessary in the public interest. Provisional Proposal 8-25: The statute should give the regulators broad rule making powers on all aspects of the process for the review of an investigation decision, except those matters specified in provisional proposals 8-22, 8-23 and 8-24. 157
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Law Commission Scottish Law Commiss
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CODE OF PRACTICE ON CONSULTATION Th
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The default powers of the Privy Cou
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Review hearings 187 Should regulato
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FOREWORD BY THE CHAIRMEN OF THE LAW
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TABLE OF ABBREVIATIONS CHRE Council
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approval imposes burdens on the Dep
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1.14 Second, recent times have witn
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constrain the costs of the current
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1.26 The regulation of social care
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1.34 We will be undertaking a wide
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on several occasions. 4 2.3 There a
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workers), some are largely self-emp
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(2) to guarantee minimum procedural
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(8) the instrument is scrutinised b
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subject to scrutiny by the Joint Co
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PUBLIC CONSULTATION 2.37 Consultati
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(1) that which is binding (such as
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2.54 The role of the Privy Council
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Parliament”. 34 It is likely that
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(1) a report on the exercise of its
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earlier in this Part, Orders in Cou
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2.87 But the retention of section 6
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safety and well-being of the public
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Provisional Proposal 2-18: The Gove
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2.119 But we also consider it impor
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PART 3 MAIN DUTY AND GENERAL FUNCTI
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asset”. 10 The courts have also r
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practise is impaired. Thus, in maki
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interests of its members. Under our
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3.36 In our view, the need for gene
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PART 4 GOVERNANCE 4.1 All of the re
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egulators would be placed directly
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powers to investigate and intervene
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4.30 A regulator not included in ta
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Education and training 4.39 Most co
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must be lay or that there should be
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4.57 The General Medical Council ha
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4.66 Moreover, it is not evident th
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PART 5 REGISTERS 5.1 A key statutor
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5.9 However, the significance of re
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5.18 In effect, statutory powers wo
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5.25 Finally, a small number of the
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Voluntary registers 5.33 Our provis
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Council may register a person (or g
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through negligence on the part of a
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5.61 We propose that the statute sh
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communicated, which have no formal
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the statute should impose the same
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5.90 In some cases, the right to ap
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not complied with continuing profes
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could be made to provide better inf
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and provide links to information ab
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which practitioners have undertaken
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the Government in its guidance to d
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eing met by the local education pro
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6.13 Second, our legal framework wo
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Medical Council must satisfy the re
Page 118 and 119: 6.31 The Health Professions Council
Page 120 and 121: (1) which qualifications are approv
Page 122 and 123: 6.48 Finally, there are a number of
Page 124 and 125: Good Medical Practice which covers
Page 126 and 127: and other optical appliances, such
Page 128 and 129: 6.72 We also believe that the new l
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Page 132 and 133: professionals to remain registered
Page 134 and 135: Misconduct 7.6 Most of the governin
Page 136 and 137: (1) an order under section 246(2) o
Page 138 and 139: THE FITNESS TO PRACTISE FINDINGS 7.
Page 140 and 141: Option 2: consolidation of the exis
Page 142 and 143: (a) has in the past acted and/or is
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Page 146 and 147: PART 8 FITNESS TO PRACTISE: INVESTI
Page 148 and 149: language is not English. 7 However,
Page 150 and 151: of working around their legislative
Page 152 and 153: 8.22 Some of the regulators, such a
Page 154 and 155: undertake this task, for example, i
Page 156 and 157: Assessments 8.37 Most regulators ha
Page 158 and 159: (1) an Investigation Committee whic
Page 160 and 161: THRESHOLD TEST 8.52 Having undertak
Page 162 and 163: egulators accept undertakings given
Page 164 and 165: hearings or other safeguards, espec
Page 166 and 167: epeated. Second, following an inves
Page 170 and 171: PART 9 FITNESS TO PRACTISE: ADJUDIC
Page 172 and 173: of the individual circumstances of
Page 174 and 175: practise process to be considered i
Page 176 and 177: to set up and the new arrangements
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Page 180 and 181: the regulators to ensure that Panel
Page 182 and 183: 9.50 For most regulators the fitnes
Page 184 and 185: enable the regulators to deliver ma
Page 186 and 187: (3) a private hearing is necessary
Page 188 and 189: Question 9-16: Should the statute p
Page 190 and 191: and final sanction”. 63 We theref
Page 192 and 193: Question 9-22: Should the statute g
Page 194 and 195: found to be unfit to practise. 73 W
Page 196 and 197: accountable, consistent, transparen
Page 198 and 199: above. The Council for Healthcare R
Page 200 and 201: Provisional Proposal 9-32: The stat
Page 202 and 203: that the sanction is clearly inappr
Page 204 and 205: away from self-regulation in health
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Page 208 and 209: Provisional Proposal 10-3: Appointm
Page 210 and 211: general functions should be retaine
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Act 1972. For example, the Medicine
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is fit to carry on such a business
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extend to all businesses or to all
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Council and Care Quality Commission
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in the 2011 White Paper Enabling Ex
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12.13 The Council for Healthcare Re
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12.23 We welcome views on the examp
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places a general duty to cooperate
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equired to give due consideration t
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professions are not subject to the
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attach to systemic failures to impl
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Order 1976. The definition of the U
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oute to UK registration. 30 The Gen
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13.39 The potential advantages of t
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(6) professional bodies that repres
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Provisional Proposal 4-2: The statu
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Provisional Proposal 5-15: The stat
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(5) the appointment of visitors and
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Provisional Proposal 8-13: The powe
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Provisional Proposal 9-13: The stat
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Provisional Proposal 10-3: Appointm
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PART 13: CROSS BORDER ISSUES Provis
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GENERAL SOCIAL CARE COUNCIL It shal
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(8) Standards Committee GENERAL OST
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(22) Licentiate in medicine and sur
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(68) Speech therapist NURSING AND M
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Regulation of Health and Social Care Professionals Consultation

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