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Professional Defence Solicitors for HCPC Investigations
If you are a healthcare professional who has been the subject of a complaint, this may lead to a damaging regulatory investigation being launched against you. When this happens, getting in touch with the professional defence solicitors at JMW can help you to defend your reputation and career.
We have considerable expertise and experience in representing health and care workers at all stages of fitness to practise and conduct investigations launched by the Health & Care Professions Council (HCPC), and can offer pragmatic advice throughout the process. We can assist you in providing detailed responses to regulatory queries, and will represent you in any hearings or reviews as needed.
Given the pressure on health and social care workers to meet the very highest standards, we understand how stressful these HCPC investigations can be. This is why we will work tirelessly to build a strong defence, using our knowledge of HCPC regulations to obtain the best possible outcome for you and prevent your career from being damaged.
If you have an urgent enquiry, call our 24-hour legal helpline on 0800 804 8186 to access expert legal advice whenever you need it.
How JMW Can Help
At JMW Solicitors, we can provide expert legal advice for health and social care professionals whose work is regulated by the HCPC, ensuring they know what to do and what decisions to make when facing a regulatory investigation.
We can act for:
- Arts therapists
- Biomedical scientists
- Clinical scientists
- Hearing aid dispensers
- Occupational therapists
- Operating department practitioners
- Practitioner psychologists
- Speech and language therapists
If you have been the subject of a complaint to the HCPC, we can assist you in the following ways:
- Explaining and preparing you for the HCPC’s investigation processes, and any legislation that may be relevant to your case
- Preparing written representations and submissions on your behalf during the investigation, with the aim of showing that the complaints are not well-founded
- Helping you avoid being prevented from practising during an ongoing investigation by defending against interim order applications
- Representing you during regulatory hearings and helping you to prepare your case
- Advising you on appeals against final rulings and sanctions
Whether or not you are a member of a professional defence union, we can provide you with the advice and representation you need to bring the investigation to the best possible conclusion. We will thoroughly assess all of the available evidence to build a strong case.
If you are facing an HCPC investigation, it is essential that you contact a solicitor as soon as possible for advice to give yourself the best chance of a successful resolution.
Professional Regulations FAQs For Healthcare Workers
How does the HCPC’s investigation process work?
If the HCPC receives a complaint about a health professional, the investigation process will proceed as follows:
- An initial investigation will examine the concern to see if it meets the threshold for a fitness to practise or conduct an inquiry. If so, the case will be referred to the HCPC Investigating Committee for further review
- The subject of the complaint will be contacted to provide a written response to the allegation, and given 28 days to reply. This provides an opportunity to offer their own account of the incident
- If the Investigating Committee Panel decides there is still a case to answer, the case will progress to a final hearing by the HCPC Conduct and Competence Committee, or by its Health Committee
- A final ruling will be issued by the panel, which may involve sanctions being taken against the professional
- The healthcare professional can choose to appeal against the decision to the High Court if they feel it is unfair
By working with a solicitor to put together a comprehensive, persuasive and legally compelling defence case, it may be possible to bring this process to an early end by demonstrating there is no case to answer or that the case should be amended to better reflect your position.
What sanctions can the HCPC impose?
If the HCPC decides to uphold the complaint made against a professional, the following sanctions may be issued:
- An official caution is given to the healthcare professional
- Specific conditions or limitations of practice may be temporarily imposed
- The professional may be suspended from the HCPC register for a set period of time
- The professional’s name may be stricken from the HCPC register, meaning they are no longer deemed fit to practise
In serious cases, an interim order may be used to prevent the professional from practising while the investigation is taking place. This occurs when the concerns about the individual’s fitness to practise are severe enough that public safety is deemed to be at risk.
If you do not agree with the final ruling, it may be possible to appeal against the decision in the High Court; you may also choose to appeal against the decision to issue an interim order, or petition for an early review.
Talk to Us
For comprehensive legal advice on our professional defence service for HCPC investigations, call us today on 0800 652 5559, or fill in our online enquiry form to request a call back at your convenience.