How Long Does a GPhC Investigation Take?

If you are a pharmacist or pharmacy technician facing an inquiry by a professional regulator, you may have serious concerns about how long the process will take. In some cases, the General Pharmaceutical Council (GPhC) will seek interim orders to restrict your ability to practise while the investigation is ongoing. However, even where no conditions are imposed on your work, there can be reputational damage and other concerns associated with this process that can lead to unnecessary stress.

The General Pharmaceutical Council officially aims to complete investigations within six months. However, the current reality often differs significantly from these targets. Cases that reach a final decision at a full hearing can actually last for many years - although, with early intervention by an experienced solicitor, it is often possible to bring an investigation to a conclusion before any hearings are necessary.

Here, the GPhC solicitors at JMW outline what the process of an investigation involves, how long each stage may take, and what you can do to reach a conclusion as early as possible.

What Does the GPhC Investigate?

The GPhC will investigate concerns that may affect a pharmacist's ability to perform their job safely. Poor professional performance may be reported by customers, or matters can arise from a self-referral, a referral by other regulators during unrelated investigations, or a criminal conviction that could affect a pharmacist's fitness to practise. Concerns could range from allegations of criminal conduct, dishonesty or irregularities with private prescriptions, or be related to a pharmacist's behaviour or health conditions that could impair their performance.

On the other hand, the regulator will not investigate concerns regarding minor disputes between pharmacy staff. Contract issues or purely commercial disagreements do not result in an investigation unless there is a clear, demonstrable link to a pharmacist's fitness to practise. These matters can usually be resolved locally, without regulatory intervention.

How Long Does the Fitness to Practise Investigation Process Take?

The General Pharmaceutical Council exists to investigate concerns that suggest a pharmacy professional's fitness to practise may be impaired, and the regulator aims to conduct these procedures thoroughly. The overall timeline of any investigation depends heavily on the specific details and the complexity of the case. For example, the length of a GPhC investigation may be affected by third-party involvement if there is a parallel police investigation or a Coroner's inquest.

With this said, fitness to practise investigations follow a highly structured route with guideline timeframes for each step to take place.

Stage 1: Triage and initial assessment

This initial phase of the investigation process is triage, where GPhC staff assess the initial referral to determine whether the concern raised falls within its regulatory remit or threshold criteria. This can take between two and six weeks. You may not be notified of this until a full investigation is launched, which means that this period will not form part of the overall timeline.

An allegation meets the threshold if it involves an actual or potential risk to patient safety, serious health issues or incidents that undermine public confidence in the profession. At this point, the regulator must decide if further action is required, and this does not automatically result in a full investigation process. In fact, in most cases, the concern is closed without the need for a full fitness to practise hearing.

Stage 2: The formal investigation stage

If the case meets the threshold criteria, it moves to the formal investigation stage, which typically lasts between 9 and 15 months. During this part of a GPhC investigation, their investigators  gather all the evidence they require to build a case. This involves collecting witness statements from colleagues and patients, examining clinical records, reviewing standard operating procedures. GPhC inspectors visit pharmacy premises to review operating procedures and compliance on-site in many cases.

You will be notified of the allegation against you and asked for a formal written response. Having a solicitor draft formal written representations on your behalf can result in the investigation ending at this stage, or it can limit the scope and impact of the investigation.

Stage 3: The investigating committee

Once the investigation concludes, the case may be referred to the investigating committee, made up of one pharmacy professional and one lay member of the public. This stage usually takes two to three months. The GPhC investigating committee meets in private to review the case and decide the outcome based on the evidence. While you cannot attend this meeting, your written representations will form part of the assessment.

The aim is only to assess whether there is a real prospect of finding your fitness to practise currently impaired. If the committee finds no real prospect, they may close the case. Alternatively, it can issue a letter of advice, issue a formal warning, or agree undertakings. In the latter case, the regulated professional admits their conduct and agrees to abide by certain conditions or take remedial actions.

If the matter is deemed serious enough, the investigating committee directs it to the Fitness to Practise Committee for a formal hearing. Even if an investigation does not proceed past this point, the consequences can be serious. A warning is publicly visible on the online register and can impact your employability. If the Investigating Committee proposes a warning, you have a statutory right to refuse it and demand a full hearing at the Fitness to Practise Committee instead. Your solicitor will advise you as to whether this is in your interests.

Stage 4: The Fitness to Practise Committee

Cases referred to the Fitness to Practise Committee take an average of 12 to 18 months from the point of referral to reach a final decision. The Fitness to Practise Committee conducts a formal fitness to practise hearing. This operates similarly to a court environment, though discussions remain confidential in certain health-related cases.

During the hearing, the committee aims to determine whether the facts are proved to the civil standard based on all the evidence presented, which means that it is more likely than not that the events occurred. Next, it assesses if the professional's ability to practise is currently impaired. Finally, the committee decides on the necessary and proportionate sanction.

Interim orders

If the regulator believes there is an immediate risk to the public, it can apply for an interim order at any point in the investigation process. An interim order imposes immediate conditions on your registration or can suspend you completely while the main GPhC investigation continues in the background.

Your solicitor can challenge an interim order that would prevent you from continuing to work while the investigation is ongoing, and make representations to ensure you can continue to work until a formal conclusion is reached.

What Are the Potential Outcomes of a GPhC Fitness to Practise Hearing?

At the conclusion of the fitness to practise process, either the investigating committee or Fitness to Practise Committee will determine any final sanctions to impose. The sanctions range in severity depending on the facts proved, and options include:

• No further action: If no impairment is found, the case closes entirely without any mark against your record.
• Advice: You may receive private advice on how to improve your future practice.
• Warning: A formal warning indicates that conduct fell significantly below expected standards. This stays on the online register for 12 months.
• Conditions of practice: The committee imposes restrictions, such as requiring you to be supervised or undertake further training, for up to three years.
• Suspension: You are removed from the register for up to 12 months, preventing you from working as a pharmacist or pharmacy technician.
• Removal: For the most severe cases, you are struck off the register completely. While you can apply to be restored after five years, this is not guaranteed.

When making its final decision, the committee considers whether you have demonstrated genuine insight into the incident. Demonstrating good practice and proactive remediation early in the process can prevent the most severe sanctions from being applied, and your solicitor can help you to demonstrate your commitment to professional standards.

It is important to say that there may also be legal penalties applied if the concerns are tied to a parallel criminal investigation. As such, the sanctions above may not be the only consequences, and it is important to work with a professional discipline solicitor who can mount a strong defence against all of the relevant allegations.