HCPC Hearings: What to Expect at the Health and Care Professions Tribunal Service

HCPC hearings are fitness to practise proceedings run by the Health and Care Professions Tribunal Service (HCPTS), the adjudication arm of the Health and Care Professions Council. An independent three-member panel decides whether the allegations are proved, whether your fitness to practise is impaired, and what sanction — if any — to impose.

If you are a paramedic, physiotherapist, occupational therapist, radiographer or any other HCPC-registered professional, receiving a notice of hearing is frightening. This solicitor-written guide explains how HCPC hearings work in 2026 — who sits on the panel, the hearing stages, the possible outcomes and how to appeal.

The stakes are real: the panel’s powers run from no further action to striking off. But the process is structured, and early preparation with specialist representation can significantly improve outcomes.

What is the HCPTS and how does it relate to the HCPC?

The HCPTS is the fitness to practise adjudication service of the HCPC, deliberately kept at arm’s length from the HCPC teams that investigate and present cases. The separate identity exists to emphasise that hearings are conducted and managed by independent panels, not by the regulator’s own investigators.

In practice, the HCPC investigates HCPC complaints and acts as “prosecutor” through its presenting officer. The HCPTS schedules the hearings, supports the panels and publishes decisions.

Panels sit on behalf of the HCPC’s three Practice Committees: the Investigating Committee, the Conduct and Competence Committee and the Health Committee. Most contested final hearings take place before a Conduct and Competence Committee panel.

How does an HCPC complaint become a hearing?

A concern only reaches a final hearing after HCPC investigations conclude and an Investigating Committee Panel decides there is a “case to answer”. If the panel finds no case to answer, the matter closes without a hearing.

The investigation stage — triage, information gathering, your written response and the case to answer decision — deserves its own guide, and delays at this stage are a well-known problem we analyse in our article on HCPC fitness to practise delays and the PSA’s review.

Two points matter here. What you say (or fail to say) during the investigation shapes the hearing that follows, and the HCPC can seek an interim order restricting your practice long before any final hearing.

What types of HCPC hearings are there?

There are three main types of HCPC hearings: final (substantive) hearings, interim order hearings and review hearings. Each has a different purpose, and each demands a different defence strategy.

Final hearings decide the allegations themselves. The panel hears evidence, makes findings of fact, decides whether your fitness to practise is currently impaired and, if so, imposes a sanction.

Interim order hearings happen quickly, often early in the case. Under Article 31 of the Health Professions Order 2001, a panel can impose interim conditions or an interim suspension for up to 18 months where necessary for public protection, otherwise in the public interest, or in your own interests. Interim orders must be reviewed within six months and then every three months — see our dedicated guide to interim orders hearings.

Review hearings take place before a conditions of practice order or suspension order expires. The reviewing panel decides whether you remain impaired and can extend, vary, replace or end the order — so evidencing remediation between hearings is critical.

Who sits on an HCPC hearing panel?

An HCPTS panel has three members: a chair, a registrant member from your own profession, and a lay member who is not from any HCPC-regulated profession. The panel is independent of the HCPC’s investigation teams.

The panel is supported by a legal assessor — a lawyer who advises on law and procedure but takes no part in the decision — plus a hearings officer who runs the day and a transcriber who produces a verbatim record.

The HCPC’s case is put by a presenting officer. You are entitled to attend and be represented, and hearings may be held remotely by video, in person at HCPTS venues in London, Cardiff, Edinburgh or Belfast, or as a hybrid.

What happens at HCPC fitness to practise hearings? The three stages

HCPC fitness to practise hearings (sometimes searched as “HCPC fitness to practice hearings”) follow three broad stages: facts, grounds and impairment, then sanction. You must be given at least 28 days’ notice of a final hearing, and the notice will set out the allegations and arrangements.

Stage 1: Findings of fact

The presenting officer opens the HCPC’s case and calls its witnesses, who can be cross-examined on your behalf. You then present your case and may give evidence and call your own witnesses.

The panel decides disputed facts on the civil standard of proof — the balance of probabilities — not the criminal standard. Skilful cross-examination and a coherent factual narrative matter enormously at this stage, because facts found proved cannot be re-argued later.

Stage 2: Statutory ground and current impairment

If facts are proved, the panel considers whether they amount to the statutory ground alleged — for example misconduct, lack of competence, a conviction or caution, or ill health. It then asks the central question: is your fitness to practise impaired now, not at the time of the events?

This is where insight, remediation, training and testimonials carry real weight. The purpose of proceedings is to protect the public, not to punish registrants — a well-evidenced case on insight can end matters with a finding of no current impairment.

Stage 3: Sanction

If impairment is found, both sides make submissions on sanction, and the panel applies the HCPC’s Sanctions Policy, working up from the least restrictive option. The panel must impose the least severe sanction that adequately protects the public and the public interest.

What are the possible HCPC hearing outcomes?

HCPC hearing outcomes range from the case being found not well founded, through to a caution, conditions of practice, suspension or striking off. The table below summarises the sanctions and their limits under the current HCPC Sanctions Policy.

OutcomeWhat it meansDuration limits
Not well founded / no impairmentAllegations not proved, or no current impairment — case closedN/A
No further actionImpairment found but no sanction needed to protect the publicN/A
Caution orderA warning recorded against your name on the Register; you practise unrestricted1 to 5 years
Conditions of practice orderYou keep practising subject to conditions such as supervision or retraining; reviewed before expiryUp to 3 years
Suspension orderYou cannot practise while suspended; reviewed before expiryUp to 1 year
Striking off orderRemoval from the Register; no restoration application for at least 5 yearsIndefinite

Striking off is not available in lack of competence or health cases unless you have been continuously suspended, or subject to a conditions of practice order, for at least two years. Mediation may also be available in limited circumstances, though it is not technically a sanction.

Panels can also impose an interim order covering the appeal period where there is a serious ongoing risk or a threat to public confidence.

Are HCPC hearings public?

Yes — HCPC hearings are held in public by default, and members of the public and press may attend. The procedure rules allow the panel to sit in private only where the interests of justice or the protection of someone’s private life require it.

In practice, evidence about your health or other sensitive personal matters is routinely heard in private session, and your representative can apply for this.

Upcoming hearings are listed on the HCPTS website, and decisions are published afterwards, so managing publicity is a legitimate part of preparing your defence.

How long do HCPC hearings take — and how long is the wait?

There is no fixed length: interim order and review hearings are typically much shorter than final hearings, whose listing depends on the number of allegations and witnesses. Complex final hearings can run across several days or longer, and part-heard cases are sometimes adjourned and resumed months later.

The wait is often the hardest part. Cases commonly take well over a year from first complaint to final hearing — see our analysis of HCPC fitness to practise delays and the PSA review.

Delay cuts both ways. It prolongs stress, but it also gives you time to build remediation evidence that can transform the impairment and sanction stages.

Do I need legal representation at an HCPC hearing?

You are entitled to represent yourself, but specialist representation makes a measurable difference at every stage — from drafting your response to cross-examining witnesses and mitigating sanction. Regulatory hearings are quasi-judicial proceedings with case law, practice notes and a sanctions framework that reward experience.

Check your professional indemnity insurance and union membership first: many policies fund defence costs. Our fitness to practise solicitors act for registrants directly and on instruction from insurers.

Checklist: preparing for your HCPC hearing

  • Diarise every deadline in the notice of hearing — you get at least 28 days’ notice of a final hearing
  • Notify your insurer, defence organisation or union immediately
  • Instruct a specialist regulatory solicitor as early as possible
  • Read the HCPC’s bundle line by line and note every disputed fact
  • Prepare a clear, consistent written statement of your account
  • Gather remediation evidence: courses, CPD, supervision records, reflective statements
  • Collect testimonials and references from colleagues who know the relevant work
  • Identify and proof any witnesses you want the panel to hear
  • Decide with your representative whether you will give oral evidence
  • Plan practicalities: remote or in-person attendance, time off work, support person

Can I appeal an HCPC hearing decision?

Yes. Under Article 38 of the Health Professions Order 2001, you can appeal a final decision of the Conduct and Competence Committee or Health Committee to the High Court (in England and Wales), the Court of Session in Scotland, or the High Court of Justice in Northern Ireland.

The time limit is strict: 28 days from the date the decision is served on you. The Court of Appeal confirmed in Stuewe v Health and Care Professions Council [2022] EWCA Civ 1605 that time will only be extended in exceptional circumstances, so take advice immediately.

Decisions can also be challenged from the other direction. Under section 29 of the NHS Reform and Health Care Professions Act 2002, the Professional Standards Authority can refer a final decision it considers insufficient to protect the public to the High Court, generally within 40 days of the last day on which you could have appealed — so a lenient outcome is not necessarily final.

If you are a nurse or midwife regulated by the NMC, the process differs in important ways — read our similar guide for nurses: NMC hearings: what to expect.

HCPC hearings: frequently asked questions

How long does an HCPC hearing take?

It depends on the type. Interim order and review hearings are usually short, while final hearings are listed according to the number of allegations and witnesses and can run over several days. Getting to a final hearing often takes more than a year from the original complaint, so early preparation matters.

Are HCPC hearings public?

Yes, by default. HCPC hearings are held in public, and the press may attend and report. The panel can sit in private for all or part of a hearing to protect health evidence or private life, or in the interests of justice. Upcoming hearings and final decisions are published on the HCPTS website.

What happens if I don’t attend my HCPC hearing?

The panel can proceed in your absence if it is satisfied that notice was properly served and it is fair to continue. Non-attendance usually means the panel hears only the HCPC’s version of events. It is almost always in your interests to attend, or at minimum to be represented.

Can I keep working during an HCPC investigation?

Usually, yes — an investigation alone does not restrict your registration. However, the HCPC can seek an interim conditions of practice order or interim suspension lasting up to 18 months, reviewed within six months and then every three months, if a panel considers restriction necessary for public protection or otherwise justified.

What is the standard of proof at HCPC hearings?

Panels decide disputed facts on the civil standard: the balance of probabilities. That means the HCPC must show it is more likely than not that the alleged facts occurred. The panel then considers separately whether proved facts amount to the statutory ground and whether your fitness to practise is currently impaired.

Can I appeal an HCPC decision?

Yes. You have 28 days from service of the decision to appeal to the High Court under Article 38 of the Health Professions Order 2001. Extensions are granted only in exceptional circumstances. Separately, the Professional Standards Authority can refer unduly lenient decisions to the High Court under section 29.

Facing an HCPC hearing? Get a free case assessment

Regulation Resolution is an SRA-authorised London law firm defending health and care professionals in HCPC fitness to practise investigations, HCPTS hearings and High Court appeals, instructed directly and by insurers.

The earlier we are involved, the more we can do — from your first response to the HCPC through to sanction and appeal. Contact us today for a free, confidential case assessment, or call to speak to a specialist HCPC defence solicitor.

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