Healthcare professionals are required to adhere to standards produced by the Health and Care Professions Council (HCPC). If you fail to do so, the HCPC may begin an investigation into your conduct on the grounds that your fitness to practise may be impaired by reason of:
- misconduct (this could be inappropriate behaviour, dishonesty or clinical failings);
- a lack of competence (relating to skills and knowledge);
- a conviction or caution for a crime in the UK (or somewhere else for an offence that would be a crime if it was committed in England and Wales);
- your health (physical or mental);
- a decision made by another regulator responsible for health or social care; or
- your name being included on a barred list which prevents you working with vulnerable adults or children.
Such an investigation will result in the Investigating Committee:
- finding that more information is needed;
- finding there is a ‘case to answer’ (which means they will pass the case to a different HCPC Committee (see below); or
- finding there is ‘no case to answer’
You will be afforded the opportunity to respond in writing to any allegations made about you and you will be given 28 days to do so. Your comments will not be shown to the person who made the complaint as your comments are sent to the Investigating Committee.
If your case is referred to either the Conduct and Competence Committee, the Health Committee or the Investigating Committee (where your name has been entered on the register fraudulently or by mistake, the relevant HCPC Committee can:
- take no further action or order mediation with an independent mediator;
- issue a caution you (where a warning is placed against your name on the Register for between one to five years);
- impose conditions that you must adhere to in order to continue to practise;
- suspend your name from the HCPC register for any period of time up to a maximum of one year; or
- erase your name strike from the HCPC register
At Burton Copeland we recognise that the sanctions above can be devastating on a career that you have worked so hard to achieve.
Whether you have been accused of impairment of fitness to practise on the grounds of misconduct, ill health, a lack of competence, a conviction or a decision made by another regulator our lawyers are here to help.
Our professional negligence solicitors are well-versed in providing advice, representation and support from the initial complaint to the HCPC to the final HCPC Committee hearing. To speak to a member of the Burton Copeland team, you can either call us on 0161 827 9500, or fill in our contact form and we will get back to you.
What we can help you with
Our team assists healthcare professionals facing investigation by the HCPC and our remit includes social workers registered in England and Wales. In addition, we can represent you if you have been accused of committing a criminal offence.
No matter what the circumstances of your case, we can assist you by:
- Preparing responses to the investigating body on your behalf
- Providing guidance on the acceptance of suggested sanctions by the HCPC
- Preparing for and providing representation at all HCPC Committee hearings
- Appealing to the High Court following HCPC Committee decisions
- Advising you in relation to registration with the HCPC, including overseas qualified healthcare professionals
- Representing you at the police station
- Preparing you for and defending you in the criminal courts
- Advising on and preparing for Disclosure and Barring list representations