Health & Care Professions Council Solicitors

When a complaint is made against a healthcare professional, the Health & Care Professions Council (HCPC) may decide to bring a potentially damaging regulatory investigation with serious implications for your future career, and the possibility of a criminal conviction in some cases. When this happens, the professional defence solicitors at JMW can help you to defend your reputation and career.

Our HCPC lawyers have a wealth of experience representing health and care professionals at all stages of the process, from when an initial complaint is made through to the conclusion of fitness to practise hearings, and in appealing any sanctions that are imposed. We offer expert legal representation to defend your professional reputation and deliver a successful outcome from HCPC proceedings and fitness to practise investigations. If you are facing criminal proceedings, we also provide support and defence services that can help you to achieve the best possible resolution.

Contact JMW's expert professional defence solicitors about an HCPC investigation by calling 0345 872 6666, or complete our online enquiry form to request a call back at your convenience. 

How JMW Can Help 

At JMW Solicitors, we provide expert legal advice for health and social care professionals whose work is regulated by the HCPC. Our legal assistance will make sure you know what to do and how your decisions will affect the outcome of a regulatory investigation. We offer legal representation at all stages, from an initial referral to the final HCPC committee hearing, and can also support you with HCPC appeals where necessary.

Whether or not you are a member of a professional defence union, we provide 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, help you to provide detailed responses to regulatory queries, and represent you in any hearings or reviews as needed.

If you are facing an HCPC investigation, contact a solicitor as soon as possible for advice to give yourself the best chance of a successful resolution.

Meet Our HCPC Defence Lawyers

JMW has considerable expertise and experience in representing health and care workers at all stages of fitness to practise and conduct investigations. Our expert representation in this process - and in any police investigations carried out in parallel - is with a view to no further action being taken or limitation of an investigation. Where proceedings become necessary, we prepare and present your defence to maximise your chances of avoiding or reducing an adverse outcome.

What Happens During an HCPC Investigation?

Typically, an HCPC investigation begins when the regulator receives a complaint or formal allegation. It will conduct an initial investigation to examine the concern and see if it meets the threshold criteria for fitness to practise proceedings or conduct concerns. For the healthcare professional concerned, early advice during this initial investigation can make a big difference to whether or not the matter is pursued further.

If the HCPC decides that the evidence warrants conducting an inquiry, it will refer the case to the HCPC Investigating Committee for further review. At this stage, 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. Legal assistance is crucial in preparing a response to any regulatory queries, and can also lead to no further action being taken.

The HCPC's investigating committee panel's decision

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, depending on the nature of the underlying complaint. Cases may also be referred to the Health and Care Professions Tribunal Service (HCPTS) if there are concerns about the wider impact of poor professional competence or misconduct.

A final ruling will be issued by the panel, which may involve sanctions being taken against the professional. The investigating committee will propose an outcome based on the alleged conduct and the severity of the infraction. Possible proposed outcomes include:

• No further action
• A caution order
• Conditions of practice
• A suspension
• Being struck off

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. A healthcare professional can also choose to appeal against the decision to the High Court if they feel the imposed sanctions are unfair, and a solicitor can help you to build a strong case for your appeal.

The Health and Care Professions Tribunal Service

If the matter demands a fitness to practise investigation, it will be referred to the HCPTS. This is the independent adjudication body that hears and determines fitness to practise cases concerning professionals regulated by the HCPC, and operates independently to provide a clear division between investigation and adjudication.

The HCPTS will conduct interim order hearings where necessary to address concerns about  patient safety. An interim orders panel will decide whether or not to impose conditions or restrictions on your practice while an investigation is ongoing. This occurs when the concerns about the individual’s fitness to practise are severe enough that public safety is deemed to be at risk.

The HCPTS will often hear cases involving serious misconduct, criminal convictions or cautions, and adverse physical or mental health affecting practice. If determinations by other regulatory bodies could affect someone in a profession regulated by the HCPC, the tribunal service may also hear these cases.

What Sanctions Can the HCPC Impose?

When the HCPC finds that there is no case to answer, it will take no further action against the HCPC registrant. However, if the HCPC decides to uphold the complaint made against a professional, the following sanctions may be issued:

• An official caution
• 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

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.

Can HCPC Sanctions Be Reviewed or Appealed?

You may be able to appeal a decision of the HCPTS panel (but not the HCPC investigation itself) with the High Court, provided you file the appeal within 28 days from the date the notice of the HCPTS decision is served on you. This is a strict statutory deadline, and missing it may prevent the appeal from being heard unless the court grants permission to proceed out of time.

You may appeal the finding that your fitness to practise is impaired, ask for the sanction imposed to be reviewed, or challenge both. This can only be done on the basis that there were legal or procedural errors made in the decision against you, or that the sanction was unfair or disproportionate. The court will review whether the tribunal’s decision was wrong or unjust because of a serious procedural or legal error, and may quash the decision, substitute a different decision, or dismiss the appeal. In rare cases, the case may be referred to a newly constituted panel for reconsideration. JMW's experts can help you to determine whether an appeal has a realistic prospect of success and offer pragmatic advice on the legal options available if you have received unfair sanctions following an HCPC case.

Do I Need a Solicitor for an HCPC Fitness to Practise Investigation?

Working with an HCPC solicitor on written submissions and securing representation during hearings is the best way to minimise the impact of an investigation or prosecution on your professional reputation. If you have been the subject of a complaint to the HCPC, JMW can help you to pursue the best possible outcome in the following ways:

• Explain and prepare you for the HCPC’s investigation processes, and highlight any legislation that may be relevant to your case
• Prepare written representations and submissions on your behalf during the investigation, with the aim of showing that the complaints are not well-founded
• Defend against interim order applications so that you are not prevented from practising during an ongoing investigation
• Represent you during regulatory hearings and help you to prepare your case.
• Advise you on appeals against final rulings and sanctions

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.

Q

What is an HCPC consent order?

A

An HCPC consent order is a way to resolve a fitness to practise case without a contested final hearing. The order signals the registrant's agreement with the HCPC on the facts of the case and the appropriate sanction. In cases involving fitness to practise considerations, the registrant must also agree with the HCPC's determination in this regard. The order will propose an outcome such as a conditions of practice order, suspension order, or occasionally a caution order, and this will be placed before an HCPTS panel for approval. We can help to negotiate a favourable outcome with the HCPC.

Q

Are HCPTS decisions made public?

A

HCPTS hearings are generally held in public, and decisions, interim orders and reviews are published on the HCPTS website in the public register of tribunal outcomes. While parts of a hearing - or occasionally the whole hearing - may be held in private to protect confidential information where necessary, decisions will still be published but may be anonymised or redacted in places.

Q

How long does an HCPC investigation take?

A

In practice, an HCPC investigation commonly takes six to 12 months, but complex cases can take longer, particularly where there are criminal proceedings, large volumes of evidence, expert reports or health assessments. JMW has a strong track record of having investigations discontinued with no further action at an early stage, and this is often the best way to pursue a quick resolution to an investigation, and minimise any impact on your professional and personal life.