Office of Public Sector Information

PART 5 Matters arising both before and during hearings

Practice directions

26.  The chair of the Health or Disciplinary Committee may issue practice directions of general application to the proceedings of that Committee.

Referral of allegations from the Disciplinary Committee to the Health Committee

27.—(1) Subject to paragraph (2), at a principal hearing in fitness to practise proceedings, the Disciplinary Committee, if it appears that the case before it would be more appropriately dealt with by the Health Committee, may refer the case to that Committee and shall suspend its own consideration of the case.

(2) In the case of a fitness to practise allegation that could go to either the Health or the Disciplinary Committee, neither the Disciplinary Committee not its chair (by way of case management directions) shall send it to the Health Committee if it or he considers that there would be a likelihood, if the Disciplinary Committee considered the case, of it deciding to give a direction that the registrant be removed from the register.

(3) Where a case is referred to the Health Committee under paragraph (1), that Committee shall treat that referral, for the purposes of rules 17 and 18, as a referral of the Investigating Committee.

(4) The Disciplinary Committee shall only resume its consideration of the case (whether it was referred under paragraph (1) or by way of case management directions) if it is referred back to it by the Health Committee, the Health Committee having determined that the registrant’s fitness to practise is not impaired by reason of adverse physical or mental health.

Referral of allegations from the Health Committee to the Disciplinary Committee

28.—(1) At a principal hearing in fitness to practise proceedings, the Health Committee, if it appears that the case before it would be more appropriately dealt with by the Disciplinary Committee, may refer the case to that Committee and shall suspend its own consideration of the case.

(2) Where a case is referred to the Disciplinary Committee under paragraph (1), that Committee shall treat that referral, for the purposes of rules 17 and 18, as a referral of the Investigating Committee.

(3) The Health Committee shall only resume its consideration of the case (whether it was referred under paragraph (1) or by way of case management directions) if it is referred back to it by the Disciplinary Committee (whether or not it has determined that the registrant’s fitness to practise is impaired).

Clinical and other specialist advice

29.  A fitness to practise committee may, at any time in the course of proceedings before it (including at a hearing), seek advice from—

(a) a clinical adviser, appointed under article 62(1)(a) of the Order, on a health related issue; or

(b) another specialist adviser, appointed under article 62(1)(b) of the Order, on issues falling within their speciality or related to it.

Evidence

30.—(1) All questions of admissibility of evidence and law before—

(a) the Investigating or Health Committee shall be decided by the Committee (after having obtained the advice of the legal adviser, where appropriate); or

(b) the Disciplinary Committee shall be decided by the chair.

(2) Subject only to the requirements of relevance and fairness, and with the permission of the chair, a fitness to practise committee may (in the case of the Investigating or Health Committee, after having obtained the advice of the legal adviser, where appropriate) receive—

(a) subject to paragraph (3), any documentary evidence; and

(b) where a hearing is held, any oral evidence,

whether or not such evidence would be admissible in any subsequent civil proceedings if the decision of the committee were appealed to the relevant court.

(3) Where a party wishes to adduce a witness statement, the Committee shall only receive such evidence if the statement—

(a) contains an attestation, in a format acceptable to the Committee, that the statement is true; and

(b) is signed by the person making it.

(4) Where an applicant or registrant concerned has been convicted of a criminal offence in the British Islands (and has not successfully appealed against the conviction), a copy of the certificate of conviction certified by a competent officer of the court (or in Scotland, an extract conviction) shall be admissible as conclusive proof of that conviction and the findings of fact on which it was based.

(5) The only evidence which may be adduced by the applicant or registrant concerned in rebuttal of a conviction certified or extracted in accordance with paragraph (4) is evidence for the purpose of proving that he is not the person referred to in the certificate or extract.

(6) A formal notification of a determination about an appellant’s fitness to practise made by a body responsible under any enactment for the regulation of a health or social care profession (in the United Kingdom or elsewhere), and signed by an officer authorised by that body to sign such a notification, shall be sufficient evidence, unless the contrary is proved, of any facts found proved by that regulatory body.

(7) The Health Committee or the chair of the Disciplinary Committee shall only allow a party to adduce written evidence at a hearing which has not been served in accordance with these Rules (or these Rules as modified by case management directions) in exceptional circumstances.

(8) In determining whether a registrant’s fitness to practise is impaired by reason of physical or mental health, or when giving advice to the Registrar in relation to an applicant’s physical or mental health, the Health Committee may take into account, amongst other matters—

(a) a refusal by the applicant or registrant concerned to submit to medical examination;

(b) the current physical or mental condition of the applicant or registrant concerned;

(c) any continuing or episodic condition suffered by the applicant or registrant concerned; and

(d) any underlying condition suffered by the applicant or registrant concerned which, although in remission, is capable of causing impairment of fitness to practise if it recurs.

(9) Where the Disciplinary Committee or Health Committee finds that a registrant concerned has failed to comply with the standards, that failure—

(a) may be taken into account by the Committee in determining whether or not the registrant concerned’s fitness to practise is impaired; and

(b) shall not, of itself, be taken to establish that the registrant’s fitness to practise is impaired.

Joinder of allegations for a joint hearing

31.—(1) Unless it is of the view that there is a risk of prejudice to the fairness of the proceedings, the Disciplinary Committee may consider and determine a fitness to practise or disqualification allegation against two or more registrants at the same hearing where—

(a) the allegation against each registrant arises out of the same circumstances; or

(b) in the view of the Disciplinary Committee, a joint hearing is necessary or desirable.

(2) Where a joint hearing is held—

(a) these Rules shall have effect in relation to the hearing with the necessary modifications directed by the chair; and

(b) each registrant shall be able to exercise any of the rights granted to him or it under these Rules whether or not any other registrant wishes to exercise that right.

Consideration of allegations that relate to more than one category of impairment

32.—(1) As regards any fitness to practise allegation before the Disciplinary Committee, if—

(a) the particulars of the allegation in the Notice of Hearing relate to more than one category of impairment of fitness to practise; and

(b) those particulars include a conviction or caution,

the chair shall ensure (by adapting the procedure for the hearing, where necessary) that at the principal hearing, the Committee shall make its findings of facts in relation to the allegations that do not relate to the conviction or caution before it hears and makes its findings of fact in relation to the conviction or caution.

(2) In the circumstances set out in paragraph (1), the chair shall also ensure (by adapting the procedure for the hearing, where necessary), that the Committee only makes its decision as regards impairment of fitness to practise once it has made its finding of fact in relation to all the allegations set out in the Notice of Hearing.

Consideration of additional allegations

33.  Where, before a principal hearing, the Society becomes aware of a new allegation which is of a similar kind or is founded on the same facts as the allegation already referred to the Health or Disciplinary Committee—

(a) the Society may request case management directions; and

(b) the chair of the relevant Committee may direct that the new allegation be considered at the same hearing as the allegation that has already been referred, and that these Rules shall apply as modified to take into account the particular circumstances of the case.

Additional evidence for review hearings

34.  Where, before a review hearing, the Society becomes aware of new evidence which it wishes to bring to the attention of the relevant Committee (for example, evidence of a failure to comply with conditions)—

(a) the Society may request case management directions; and

(b) the chair of the relevant Committee may direct that the new evidence be considered at the review hearing, and that these Rules shall apply as modified to take into account the particular circumstances of the case.