Have your say in how HCPC handles Fitness to Practice and Rule-making

The Professional Standards Authority are undergoing a consultation to produce guidance for health care regulators who they oversee, including HCPC, who Government plans to change the legislation around, giving them new powers and allowing them to operate in a very different way - with biggest changes to Fitness to Practice and rule-making.

What do the changes mean in practice? (Fitness to practise)

• Fitness to practise cases will be able to be resolved without the need for a panel hearing using ‘accepted outcomes’

• Case examiners will carry out a detailed assessment of the case from the written evidence and make a decision on impairment and sanction

• The case can be concluded using an accepted outcome if the registrant accepts the case examiner’s findings and sanction, and that they are impaired

• The new process is likely to be less adversarial, quicker and more cost-effective

• However, the decision-making process will be less independent as case examiners will be employees of the regulator. There will also be less opportunity to ‘test’ the evidence without a hearing

• There is nothing in place to require certain types of cases to go to a panel, and cases may be resolved by a single case examiner

What do the changes mean in practice? (Rulemaking)

• Rules set out the process regulators have to follow to carry out their regulatory functions (detail that sits below legislation)

• At the moment, regulators have to get all rule changes approved through the Privy Council

• Under the new model, reformed regulators will be able to change their operational rules setting out how they regulate without going through any external approval process. 

Why is the PSA developing guidance for regulators?

• As the oversight body the PSA is in a unique position to look across the regulators and provide advice on best practice

• We are producing this guidance to help regulators make best use of their new powers post-reform in a way which protects the public.

• We’ve chosen to focus on ‘accepted outcomes’ and rulemaking because we think these are the biggest changes introduced by the reforms. 

• The PSA will not have any formal role within the rulemaking or ‘accepted outcomes’ processes

• Our guidance won’t ‘bind’ regulators or have any official status – it is intended to support and guide regulators in developing their own guidance/rules.

• For our Performance Review - where relevant, we might ask a regulator for more information about their approach, including whether, and how, they had taken the guidance into account.

What do you think?

1. Do you agree that some fitness to practise cases should still be heard by a panel in future?

2. Do you think that more than one case examiner might be required for some cases?

3. Do you think regulators should continue to ensure lay and/or registrant involvement in fitness to practise decision-making?

4. What information should regulators be required to publish about cases?

5. What do you think might be the positives and negatives of regulators being able to create/change their own operational rules?

6. Do you think it is important for regulators to follow a similar set of principles when making rules?

7. Do you think regulators should try to keep their regulatory approach as similar to each other as possible?

8. Do you think it is important that regulators consult properly with stakeholders including registrants and registrant organisations?

How can you get involved? Have your say!

• The consultation is open until 5.00 pm on Monday, 15 April 2024.

• Further information, including the full consultation document as well as the two draft guidance documents, explainer animations and links through to the survey to respond are on our website here - www.professionalstandards.org.uk/psaconsultation