Guidance and Advisory Notes

Mark Russell made this Freedom of Information request to Health and Care Professions Council

This request has been closed to new correspondence. Contact us if you think it should be reopened.

Health and Care Professions Council did not have the information requested.

Dear Health and Care Professions Council,

Further to my FIO request Ref: FR04764, please provide the following:

Copies of ALL guidance. advisory notes or policy statements that clarifies the essential element that is the Intent to Deceive element of the offences contained in the HPO 2001 issued to ANY of the professions regulated by the HCPC between 2003 and 2016

Yours faithfully,

Mark Russell

FOI, Health and Care Professions Council

Dear Mr Russell

 

Thank you for your email dated 8 September 2016, in which in ask for
copies of all guidance, advisory notes and policy statements that clarify
the misuse of title offence.

 

We are treating this as a request under the Freedom of Information Act
2000.

 

We will deal with your request as promptly as possible and, at the latest,
within 20 working days. If you have any queries about your request please
contact us using this email address, or the address below.

The reference number for your request is FR04818.

 

Yours sincerely

 

Maxine Pryce

Information Governance Officer

 

Health and Care Professions Council

Park House, 184 Kennington Park Road

London SE11 4BU

[1]www.hcpc-uk.org

 

 

 

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FOI, Health and Care Professions Council

Our Ref: FR04818

 

 

Dear Mr Russell

 

Thank you for your email dated 8 September 2016, in which in ask for
copies of all guidance, advisory notes and policy statements that clarify
the misuse of title offence.

 

Your request has been handled under the Freedom of Information Act 2000
(FOIA).

 

Please find below the guidance that specifically clarifies the ‘intent to
deceive’ element of the offences contained in the Health and Social Work
Professions Order 2001.

 

Protection of Title (POT) and Protection of Function (POF) cases involve
criminal allegations. All HCPC decisions in respect of Protection of Title
(POT) and Protection of Function (POF) casework must be made in accordance
with the HCPC’s Prosecution Policy. A copy of this can be found on our
website at
[1]http://www.hcpc-uk.org/assets/documents/...
Decisions of whether to prosecute in individual cases are made on a
case-by-case basis.  

 

An individual does not commit an offence if, without their knowledge or
agreement, another person or organisation describes the individual using a
protected title. For example, a newspaper article or a website link may
incorrectly identify the individual as a registered professional without
any intention to deceive on the part of the individual concerned. In some
circumstances we will take steps to ensure that the situation does not
recur. A person who makes false claims about another individual would be
committing an offence if they knew the information was incorrect and did
so with the intention to deceive.

 

Assistants, students and trainees

 

A person is not committing an offence if they use a prefix such as
‘assistant’, ‘trainee’, or ‘student’. By using these prefixes there is no
intention to deceive the public because the prefix implies they are not
fully qualified.

 

Other uses of titles

 

Prefixes such as ‘animal’, ‘equine’, ‘veterinary’ or ‘industrial’ show
there is no intention to deceive because the prefix clearly indicates that
the person concerned does not treat people.

 

It is not an offence for an unregistered person to own or operate a
business that provides services which are performed by HCPC registered
practitioners, such as a podiatry or physiotherapy clinic, as long as
those services are provided by HCPC registrants.

 

More information on protected titles can be found on our website at
[2]http://www.hcpc-uk.org/aboutregistration....

 

 

Internal review

 

If you are unhappy with the way your request for information has been
handled, you can request a review by writing to:

 

Secretariat Department

Health and Care Professions Council

Park House

184 Kennington Park Road

London

SE11 4BU

 

Email: [3][email address]

 

If you remain dissatisfied with the handling of your request or complaint,
you have a right to appeal to the Information Commissioner at:

 

The Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

 

Telephone: 08456 30 60 60 or 01625 54 57 45 Website: [4]www.ico.org.uk

 

There is no charge for making an appeal.

 

Yours sincerely

 

Maxine Pryce

Information Governance Officer

 

Health and Care Professions Council

Park House, 184 Kennington Park Road

London SE11 4BU

[5]www.hcpc-uk.org

 

 

 

 

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Dear Health and Care Professions Council,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Health and Care Professions Council's handling of my FOI request 'Guidance and Advisory Notes'.

The response for clarification does not provide the information requested. I asked specifically about guidance notes, policy statements or advice supplied to the professional bodies and registrants that clearly stipulates the impact "an intent to deceive" has on the use of designated titles.

The information provided is taken from the HCPC's website and does not refer to the specific information requested. Neither does it provide any published dates.

In his letter to the Chair of the Health Committee on 29 October 2015, the Registrar, Mr Marc Seale responded to the following question:

Q: If a practitioner deregistered and made it clear they were no longer registered, but continued to use the title "chiropodist", for example, would they commit an offence?

A: If the person concerned had resigned (or been removed) from the HCPC register, but continued to practice from premises where his or her services were as a chiropodist were still advertised prominently, but only informed patients in a fairy minimal way that he or she was no longer on the HCPC register, we would consider that as evidence of an offence.

The FOI request asks specifically for guidance or advice related to the lawful use of designated titles without registration that clarifies what a practitioner must do to inform patients and the public satisfactorily that they are no longer registered with the HCPC - so they may ensure compliance with the legislation. In other words, what they must ensure so that they do not infringe the "intent to deceive" element of the offence.

You will be aware that the FOI requests and responses are public documents and registrants and the public will form their own opinion whether the HCPC are acting on an open, transparent and honest manner. The Nursing and Midwifery Council issued a policy update on this issue three years ago, where they advised that nurses may continue to use their designated title (nurse) without registration provided they did not prefix the title with the terms "registered" or any abbreviations indicating the same i.e. RN or RMN. This FOI request stipulates that the HCPC provides a guidance note or policy statement to their registrants, that sets out the same position - whilst identifying what the registrar meant by a "fairly minimal way".

If there are no documents pertaining to the information requested, I would be grateful if you can respond - by return - stating NONE. Your attempts at obfuscating this request and providing misleading and dishonest responses will be noted by all registrants and the wider public and if we have to wait another 20 days for a non-answer, that will only serve to compound your dishonest and fraudulent misrepresentation.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/g...

Yours faithfully,

Mark Russell

FOI, Health and Care Professions Council

Dear Mr Russell

 

Thank you for your email of 7 October 2016, the contents of which have
been noted.

 

As you are unhappy with our response to your request for information,
dated 8 September 2016, your request has been escalated for an internal
review and as such has now been passed to The Director of Council and
Committee Services.

 

The reference number for your request is FR04864.

 

Yours sincerely

 

Maxine Pryce

Information Governance Officer

 

Health and Care Professions Council

Park House, 184 Kennington Park Road

London SE11 4BU

[1]www.hcpc-uk.org

 

 

 

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FOI, Health and Care Professions Council

1 Attachment

Dear Mr Russell

 

Please find attached the response to your internal review request.

 

 

Kind regards

 

Giba Rahman
Secretariat Team Administrator

The Health and Care Professions Council
Park House, 184 Kennington Park Road, London SE11 4BU
[1]www.hcpc-uk.org

tel +44 (0)20 7840 9710
fax +44 (0)20 7820 9684
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Dear FOI,

Thank you for confirming that the HCPC has never issued any guidance or policy statement to the professions or registrants to clarify that misuse of title ONLY occurs when there is an accompanying "intent to deceive".

Yours sincerely,

Mark Russell