Civil Proceedings
Dear Health and Care Professions Council,
According to the information sources from your website, it mentions that Ftp follows civil law.
How much of the civil Law proceeding do you follow?
Do you have any rules on proceedings including investigation? How to you balance the judgement of probability in cases were it is one registrants word against another? How do you decide which party is right or wrong.?
Do you have any rules or procedures in relation to incorrect allegations prior to investigation committee panel,? And if the allegations is incorrect and the registrant denies the allegations stating incorrect does this automatically mean they will go to a full hearing? And if they denied stating the reason way, ie the real allegations, would this be used against them, and new charges brought
Yours faithfully,
champ christen
Dear Champ Christen
Thank you for your email of 20 September 2019, in which you ask for
information in relation to civil law proceedings in fitness to practise
cases.
We are treating this as a request under the Freedom of Information Act
2000 (FOIA).
We will deal with your request as promptly as possible and at the latest,
within 20 working days of receiving it, as required by the FOIA. If you
have any queries about your request please do contact us using this email
address, or the address below.
The reference number for your request is FR06395.
Kind regards
Freedom of Information
Health and Care Professions Council
Park House, 184 - 186 Kennington Park Road
London SE11 4BU
[1]www.hcpc-uk.org
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Our Ref. FR06395
Dear Champ Christen
Thank you for your email of 20 September 2019, in which you ask for
information in relation to civil law proceedings in fitness to practise
cases.
Your request has been handled under the Freedom of Information Act 2000
(FOIA).
Our response to your questions is in the order they appear in your email.
Fitness to practice proceedings follow the civil law that applies to them
with very few exceptions. It is the case that our decisions are
occasionally the subject of judicial review.
The standard of proof in fitness to practise proceedings is the civil
standard, i.e. the balance of probabilities. Our [1]consolidated practice
note is one of the sources of rules that Health and Care Professions
Council (HCPC) practice committees have regard to when weighing up
evidence.
The key practice notes that are considered at Investigating Committee
Panel meetings are ‘ “Case to Answer” Determinations’ and ‘Finding that
Fitness to Practise’ is impaired. However, these practice notes are not
the only source of rules governing Investigating Committee Panel meetings.
Section 26 of the [2]Health and Social Work Professions Order 2001 is the
primary statute that governs proceedings. In addition to which, the
[3]Health and Care Professions Council (Investigating Committee)
(Procedure) Rules 2003 provide a further source of instruction.
Our legislation and rules can be accessed at [4]HCPTS.
It is a matter for a panel of the HCPC how they construe a registrant’s
denial of an allegation. As a consequence, we cannot comment on the
scenarios that you have outlined in your email.
Thank you for your interest in our fitness to practise process.
Internal review
If you are unhappy with the way your request for information has been
handled, you can request a review by writing to:
Governance Department
Health and Care Professions Council
Park House
184 - 186 Kennington Park Road
London
SE11 4BU
Email: [5][email address]
If you remain dissatisfied with the handling of your request or complaint,
you have the right to appeal to the Information Commissioner at:
The Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Telephone: 0303 123 1113
Email: [6][email address]
There is no charge for making an appeal.
Kind regards
Freedom of Information
Health and Care Professions Council
Park House, 184 – 186 Kennington Park Road
London SE11 4BU
[7]www.hcpc-uk.org
To sign up to our e-newsletter, please email [8][email address]
Please consider the environment before printing this email
Correspondence is welcome in English or Welsh / Gallwch ohebu yn Gymraeg
neu Saesneg.
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taryn taylor (Account suspended) left an annotation ()
Being very EVASIVE as is standard practice! Are the assessors proficient in the cases that they are assessing ? Do they hold numerous qualifications across the broad spectrum of disabilities, to confirm their comments on reports are accurate?. Are they covered by a "PUBLIC LIABILITY INSURANCE"??? Or does one have to take the HCPC to court?