If someone raises a concern about you
If someone wishes to raise a concern or complaint about you as an AHCS registrant, they are asked to follow the process as described at Raising a Concern about a Registrant. This sets out how we accept complaints, how we define and assess Fitness to Practise and how cases are managed.
Concerns and complaints about an AHCS registrant are handled in accordance with the Academy’s Fitness to Practise Rules . You should also be aware of our published Standards of Proficiency and Good Scientific Practice when we consider Fitness to Practise cases.
If a fitness to practise allegation is made about you, you can expect us to treat you fairly and with consideration, and to explain what will happen at each step of the process. We will keep you up-to-date with the progress of our investigations and we will give you the contact details of the AHCS Case Officer who will gather any relevant information and evidence required, act as a contact for everyone involved in the case, explain how the process works and what will be considered when any decision is made.
The Case Officer cannot provide advice on what you should include in your responses or how you should represent yourself. You may therefore want to get advice from your union (if you are a member), your professional body (if you have one), a solicitor or through the Citizen’s Advice service.
Assessing Fitness to Practise
Following the initial consideration of any concern or complaint received by the Registrar, a concern or complaint will be considered as a formal allegation that a registrant’s Fitness to Practise is impaired, typically on one or more of the following grounds:
- misconduct (such as inappropriate behaviour, dishonesty or deliberate failings)
- lack of competence (not having the necessary professional skills and knowledge)
- proficiency in the knowledge and use of English
- physical or mental health
- an unspent conviction or caution for a criminal offence in the UK (or a crime committed elsewhere which would be a crime in England or Wales)
- being bound over to keep the peace by a magistrate’s court
- a determination from another regulator (responsible for regulating health or care)
- inclusion on a ‘barred list’ (preventing individuals from working with vulnerable adults or children)
- an entry on the Register was fraudulently procured or made incorrectly.
We will investigate and consider each case individually although we are likely to find a registrant’s Fitness to Practise to be impaired if the evidence shows that that they:
- seriously or persistently failed to meet standards
- carried out reckless or deliberately harmful acts
- hid mistakes or tried to block an investigation
- failed to respect service users’ rights to make choices about their own care
- had an improper relationship with a service user
- exploited a vulnerable person
- were dishonest, committed fraud or abused someone’s trust
- have a substance abuse or misuse problem
- have health problems which they have not dealt with, and which may affect the safety of service users
- were involved in sexual misconduct or indecency (including any involvement in child pornography)
- have been violent or displayed threatening behaviour
Fitness to Practise will be assessed using the process set out in the Academy’s Fitness to Practise Rules and take account of our published Standards of Proficiency and Good Scientific Practice.
Managing Fitness to Practise Cases
The process for managing a Fitness to Practise case is undertaken in two stages.
Managing a Fitness to Practise Case: Stage 1
Stage 1 of the Fitness to Practise case management process is illustrated below and comprises an investigation of any formal allegation about a registrant as set out in the Fitness to Practise Rules.
The Registration Council may appoint an Interim Order panel to consider the case if the evidence is of the allegation is undeniable. The Panel will recommend a sanction to the Registration Council for approval.
If the outcome of the case needs to be determined, an Investigation Panel will be appointed by the Registration Council and apply the Realistic Prospect Test Rules to decide whether the registrant’s fitness to practise is in fact impaired. The Investigating Panel will meet in private to consider all available information and evidence available,
If the Investigating Panel considers there is no finding of impairment, you, the complainant and any interested third party will be informed that no further action will be taken, with an explanation for the decision.
If the allegation is not considered serious according to the Fitness to Practise Rules and it is believed your ongoing fitness to practise is not impaired, but that you have made a genuine mistake which is not likely to be repeated and you have or are taking steps to mitigate your error, the Investigating Panel may make a recommendation to the Registration Council which will result in a sanction being imposed with your consent.
If the Investigating Panel finds there is a case that your practise is impaired on any of the grounds the Fitness to Practise Rules, or you do not consent to an sanction, the case will be heard by a public Fitness to Practise hearing as described in Stage 2.
Managing a Fitness to Practise Case: Stage 2
Stage 2 of the Fitness to Practise case management process is illustrated below and involves a public hearing when the Investigating Panel has recommended to the Registration Council there is a realistic prospect that a registrant’s fitness to practise is impaired in relation to any of the ground(s) set out in the Fitness to Practise Rules.
Hearings* of the Fitness to Practice Panel will be heard in public unless the Chair considers it necessary to hold some or all of the hearing in private:
- To protect the private life of any party involved; and
- That the public interest would be furthered by holding the hearing in private.
Where the Fitness to Practice Panel finds there is impairment of your fitness to practise in relation to any of the Ground(s), except physical or mental health, it will provide written reasons for its decision and recommend a course of action or sanction to Registration Council, including:
- Take no further action;
- Issue a caution to you and direct that a record of the caution is placed on your entry on the register for up to 5 years;
- Make an order suspending you (a Suspension Order) from the register for up to 12 months; or
- Make an order to remove you from the register (a Removal Order);
- Revoke any Interim Order.
Where the Fitness to Practice Panel finds there is impairment of your fitness to practise in relation to the Grounds of physical or mental health, it will not invoke a Removal Order but may recommend any of the other courses of action above.
Further details are set out in the Fitness to Practise Rules.
* Fitness to Practise hearings during the Covid-19 pandemic
Appeals
You have the right to appeal against the decisions or failure to come to a decision by the Registrar, and against the decisions of the Registration Council on the recommendations of an Interim Order Panel or a Fitness to Practice Panel.
Appeals are made to the AHCS Regulation Board and hearings of the Appeals Panel appointed by the Board will be heard in public unless the Chair considers it necessary to hold some or all of the hearing in private:
- To protect the private life of any party involved; and
- That the public interest would be furthered by holding the hearing in private.
The Appeals management process is illustrated below and the details are set out in the Appeal Rules.
Actions and Sanctions
Where there is a finding of impairment against your fitness to practise, the Registration Council will publish the details of decision on the Actions and Sanctions page of the website and notify your employer.
If you remain on the public Accredited Register, your entry will indicate a sanction has been made against you.
If you are removed from the Accredited Register, the Registration Council will also notify the member bodies of the Professional Standards Authority (PSA) Accredited Registers Collaborative under their Information Sharing Policy, and may at any time provide a copy of the notice of decision to any other regulatory body or interested third party if it is in the interest of justice and the public to so do.
Restoration to the Register
Applications for restoration to the register should be made in writing to the AHCS Registrar. The details of the restoration process is set out in the Restoration Rules