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Legal Representation For Healthcare Professionals

Legal Representation For Healthcare Professionals 1Our Employment Solicitors Manchester specialist for healthcare professionals offer representation in all cases presented by the Health and Care Professions Council (HCPC).

Healthcare professionals include the following professions:

  • Art therapists
  • Biomedical scientists
  • Chiropodists
  • Podiatrists
  • Clinical scientist
  • Dieticians
  • Hearing aid dispensers
  • Occupational therapists
  • Operating department practitioners
  • Orthoptists
  • Paramedics
  • Physiotherapists
  • Practitioner psychologists
  • Prosthetists
  • Orthotists
  • Radiographers
  • Speech and language therapists

The Regulatory Process

The Health and Care Professions Council became the regulators of healthcare professionals on the 1st August 2012.

The following information describes the disciplinary process as outlined by the Health and Care Professions Council.

Investigation

A case manager is called to investigate any fitness to practice matter brought to the Health and Care Professions Council. The healthcare professional has 28 days to make a formal response.

After this period, the case manager presents the matter to the investigating committee who will determine whether the case should be brought before a full hearing. If it is decided that a full hearing is appropriate, a solicitor must prepare the case on behalf of the Health and Care Professions Council.

Hearing

The hearing must be brought before the Conduct and Competence Committee for matters relating to convictions or cautions, determinations by another regulator, misconduct, lack of competence, or decisions on barring a professional.

The hearing must be brought before the Health Committee for matters relating to the health of the healthcare professional, and that is affecting their abilities in decision-making.

The hearing must be brought before the Investigating Committee for matters relating to fraudulent or incorrect registration.

A presenting officer will manage the hearing: this is usually a solicitor. Evidence will be presented on behalf of both the healthcare professional and the prosecution, calling witnesses or experts wherever relevant.

Decision

If the healthcare professional’s fitness to practice is proved to be diminished on the balance of probabilities, the following actions may be enforced:

  • No further action is taken
  • Mediation is required to find a solution to resolve the situation suitable for all parties
  • The healthcare professional is cautioned and a warning placed on their registration for a period of between 1 and 5 years
  • Conditions are placed on the practice of the healthcare professional
  • The healthcare professional is suspended for a set period
  • The healthcare professional is removed from the register and prohibited in working in their field

Appeal

The healthcare professional can appeal to the High Court against any decision or judgement within 28 days of the decision.

Internal disciplinary proceedings

Our specialist employment law solicitors will be happy to represent any healthcare professionals involved in internal disciplinary proceedings being carried out by their employer or line manager.

Representation for healthcare professionals in cases of regulatory proceedings

If you are subject to proceedings carried out by the Health and Care Professions in respect to your role as any healthcare professional, please contact us on 0161 82 11 559, or complete the form on our enquiry page. One of our dedicated team will contact you as soon as possible to discuss your case, possible outcomes and all of your available options.

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