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HCPC FITNESS TO PRACTISE

Specialist HCPC defence for the fifteen professions on the HCPC register.

Solicitor-led representation for paramedics, physiotherapists, psychologists, occupational therapists, dietitians, radiographers and the other HCPC-regulated professions, at every stage from triage through to the Conduct and Competence Committee. If you have just received a letter from the HCPC, read our guide on what to do when you receive an HCPC letter.

What we do at the HCPC

What we do at the HCPC

  • Responding to HCPC investigation letters and initial requests for information
  • Case examiner representations
  • Interim Orders Panel hearings
  • Fitness-to-practise hearings before HCPC panels
  • Sanctions hearings and review hearings
  • Restoration applications (five years after striking off)
  • Appeals to the High Court

We represent all HCPC-regulated professionals including paramedics, physiotherapists, occupational therapists, radiographers, practitioner psychologists, dietitians, speech and language therapists, operating department practitioners, biomedical scientists, and all other professions regulated by the HCPC. Note: social workers in England are now regulated by Social Work England, not the HCPC.

The HCPC fitness-to-practise process: stage by stage

Stage 1: Triage and initial assessment

The HCPC assesses every concern to decide whether it meets the threshold for a formal investigation. A significant number are closed at this stage. If you receive any correspondence from the HCPC about a concern, contact us before responding.

Stage 2: Investigation

If a concern proceeds, an HCPC investigating officer gathers information from both sides and invites your response. This response is critical — it forms part of the case file reviewed by the investigating committee panel. We draft detailed, evidence-based responses that address each allegation and present your case as clearly as possible.

Stage 3: Investigating committee panel

The HCPC uses an investigating committee panel (ICP) to review cases after investigation. The ICP considers the evidence on the papers and decides whether there is a case to answer. If there is, the case is referred to a fitness-to-practise panel for a hearing. We make written submissions to the ICP arguing against referral wherever the evidence supports it.

Stage 4: Interim Orders Panel

The HCPC can apply for an interim order before any final hearing if it considers there is a risk to patients or to public confidence. An interim suspension order prevents you from practising in your registered profession while the investigation continues. We prepare detailed representations for interim order panel hearings and attend to advocate on your behalf.

Why HCPC cases are different

The HCPC regulates fifteen distinct professions, and the character of fitness-to-practise cases varies significantly between them. A paramedic case typically involves a patient safety incident or conduct allegation arising from a trust investigation; a practitioner psychologist case often involves professional boundaries or health concerns; a physiotherapist case frequently turns on clinical competence evidence. The evidence base, the expert witnesses required, and the panel’s expectations differ accordingly.

The HCPC also regulates a broader range of professionals than most healthcare regulators, which means panel members may not have direct experience of your specific profession. Presenting your case in terms the panel can assess — clearly explaining clinical context, professional standards, and what a competent practitioner in your role would do — is essential. We prepare profession-specific submissions rather than generic representations.

Many HCPC cases originate from employer investigations or NHS trust referrals. The HCPC will often have the trust’s investigation report before it contacts you. If you have already been through a disciplinary process, we assess how the employer’s findings are likely to be used by the HCPC and prepare a response that addresses them directly.

Profession-specific considerations

Paramedics. HCPC paramedic cases frequently arise from trust investigations following patient safety incidents, resuscitation decisions, or conduct allegations. Cases involving vehicle incidents or road traffic offences are also common. Trust reports and PRF records form the core of the evidence in most cases.

Physiotherapists. Clinical competence and inappropriate physical contact are the most common grounds in physiotherapy cases. Expert physiotherapy evidence is almost always required, and establishing the applicable professional standard is a central part of the defence.

Practitioner psychologists. Boundary violations, dual relationships, and health concerns account for a significant proportion of psychology cases before the HCPC. These cases are often document-intensive and may involve confidential clinical records and third-party witness evidence.

Occupational therapists. OT cases often involve conduct in community or domiciliary settings where documentation is limited. Record-keeping failures and alleged dishonesty in reports are common features.

Radiographers. Cases in radiography often involve patient safety concerns, equipment use, or issues arising from out-of-hours working. The clinical imaging evidence requires specialist expert interpretation.

Speech and language therapists, dietitians and other professions. We represent all HCPC-regulated professionals, including those in less common proceedings. Every case receives the same thorough preparation regardless of the profession involved.

Stage 5: Fitness-to-practise hearing

HCPC fitness-to-practise hearings are conducted before a panel of three, usually including a registrant from a relevant profession and lay members. The panel hears evidence, makes findings of fact, and if impairment is found, determines the appropriate sanction.

Why HCPC cases are different

Sanctions the HCPC can impose

If an HCPC fitness-to-practise panel finds impairment, it may impose:

  • Caution order — a formal warning placed on your registration for two to five years
  • Conditions of practice order — restrictions on how you practise, for up to three years
  • Suspension order — removal from the register for up to one year at a time
  • Striking-off order — permanent removal from the HCPC register

A striking-off order means you cannot work in your registered profession in the UK. You may apply for restoration after five years, but restoration is not automatic and requires a separate application to the HCPC. A conditions of practice order can significantly restrict how you work — for example, requiring supervision, prohibiting certain types of work, or mandating additional training.

The importance of specialist representation

HCPC proceedings are adversarial. The HCPC appoints specialist presenting officers to put the case against you. Attending unrepresented puts you at a significant disadvantage, particularly at a contested fitness-to-practise hearing where evidence is cross-examined.

My employer has already investigated me. Does that affect the HCPC case?

Yes. The HCPC will usually have sight of your employer’s investigation report and any disciplinary outcome before it contacts you. Where an employer has dismissed you or imposed a final written warning, the HCPC may treat that as indicative of the seriousness of the concerns. We assess the employer’s findings carefully and advise on how to address them in your HCPC response, including where you dispute the employer’s conclusions.

What is the difference between a competence case and a conduct case at the HCPC?

Conduct cases involve allegations of deliberate wrongdoing, dishonesty, or inappropriate behaviour. Competence cases involve a pattern of clinical failure or inadequate professional performance. The distinction matters because the evidence required differs, the panel’s approach differs, and the appropriate response differs. A competence case may be better addressed through a reflective piece and evidence of remediation; a conduct case requires robust factual challenge where the allegations are disputed.

We have represented paramedics, physiotherapists, psychologists and many other HCPC-regulated professionals at every stage of proceedings. If you have received any correspondence from the HCPC, contact us for a free one-hour consultation.

Common questions

The Health and Care Professions Council regulates fifteen professions: arts therapists, biomedical scientists, chiropodists/podiatrists, clinical scientists, dietitians, hearing aid dispensers, occupational therapists, operating department practitioners, orthoptists, paramedics, physiotherapists, practitioner psychologists, prosthetists and orthotists, radiographers, and speech and language therapists. Note that social workers in England are now regulated by Social Work England, not the HCPC.

HCPC investigations can be triggered by complaints from patients, relatives, employers, colleagues, or members of the public. The HCPC also investigates referrals from NHS trusts and other public bodies, and can act on information about criminal convictions or cautions. Common concerns include patient safety incidents, clinical errors, conduct issues, and health concerns that affect fitness to practise.

Yes. The HCPC can apply to its Interim Orders Panel for an interim suspension order or interim conditions of practice order before any findings are made, if it considers there is a risk to patients or to public confidence in the profession. An interim suspension means you cannot work in your registered profession while the investigation continues. These hearings can be called at short notice. We prepare detailed submissions and attend to make oral representations on your behalf.

Timescales vary. Cases that close at the investigating committee panel stage can resolve within six to twelve months. Cases that proceed to a full fitness-to-practise hearing typically take twelve to twenty-four months from referral. We keep you updated throughout and manage your expectations from the outset.

A striking-off order comes into effect 28 days after notification (or after any appeal is dismissed). You cannot apply for restoration until five years have elapsed since the order came into effect. Only one application can be made in any twelve-month period. Restoration is not automatic — a fitness-to-practise panel must be satisfied that you are now fit to practise and that restoring you would not undermine public confidence.

You are entitled to be represented at all stages of HCPC proceedings. Representation is not mandatory, but we strongly advise instructing a specialist solicitor as early as possible — ideally before responding to the initial investigation letter. The HCPC has experienced presenting officers. Being unrepresented at a contested hearing is a significant disadvantage.

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