Navigating the HCPTS Hearings Process:
The standard procedure at the Health and Care Professions Tribunal Service (HCPTS) involves panels concurrently reviewing evidence and submissions on alleged facts, the statutory ground of the allegation, and the issue of impairment. This process may vary based on the case’s nature and complexity. For instance, the panel may choose to address proved facts before delving into submissions on the statutory ground and impairment.
Witnesses
The HCPC presenting officer provides an overview of the factual background of the allegation and may summon witnesses to support the evidence. Witnesses participate in the hearing to present their evidence, starting with the examination in chief. Subsequently, witnesses may undergo cross-examination by the registrant or their representative, followed by re-examination. The registrant then can present evidence and call supporting witnesses. Both the registrant and their witnesses may face cross-examination by the HCPC presenting officer and re-examination. The panel is likely to pose questions to both the registrant and the witnesses.
Decision-Making
When the panel withdraws to make its decision, it evaluates whether any or all of the facts are proven, utilising the civil standard of proof (the ‘balance of probabilities’). If we put this in numerical terms it means is it 51% likely that the fact alleged occurred. If the panel determines that the alleged facts are not proven, the hearing concludes. If any of the facts are proven, the panel proceeds to consider the ground of the allegation.
Grounds Assessment
Based on the proven facts, the panel assesses whether those facts amount to the statutory ground of the allegation, such as misconduct or a lack of competence. If the panel concludes that the facts do not amount to the ground, the hearing concludes. If it establishes that the ground has been proven, the panel moves on to evaluate whether the registrant’s fitness to practise is impaired.
Decisions on Impairment
The panel must decide if the registrant’s fitness to practise is currently impaired, not whether it was impaired when the events related to the allegation occurred. If no impairment is found, the allegation is not well-founded, and the hearing concludes. If the registrant’s fitness to practise is impaired, the panel proceeds to consider what, if any, sanction should be imposed.
Sanction Consideration
The panel listens to additional submissions from the presenting officer and the registrant regarding what, if any, sanction should be imposed. In reaching its decision, the panel considers the HCPC’s Sanctions Policy, focusing on protecting the public and upholding standards.
How We Can Help at Regulation Resolution:
At Regulation Resolution, we understand the complexity of these proceedings and are here to assist. If you or your practice is facing HCPC hearings, our legal experts at Regulation Resolution specialize in providing robust defence strategies. We meticulously analyse your case, craft a defence strategy, and work to safeguard your professional standing and reputation. Contact us for expert legal guidance and representation, and if you’re not satisfied with our initial advice, we offer a money-back guarantee. Your professional standing and reputation are our top priorities, and we are dedicated to navigating these challenges with precision and expertise. Click the banner below for a completely free case assessment.