Decisions about practitioners

The purpose of the fitness to practise procedures is about protecting the public rather than a general complaints resolution process. The procedures are designed to protect the public from those who are not fit to practise. If a regulator finds a registrant’s fitness to practise is ‘impaired’, it means that there are concerns about their ability to practise safely and effectively. As such, the actions the regulators can take if it finds a registrant’s fitness to practise is impaired by reason of misconduct, poor performance or ill health are:

• Reprimand
• Conditions
• Suspension with or without a review
• Erasure
• Immediate suspension
• Immediate conditional registration.

Our powers in relation to fitness to practise decisions are limited to:

• Reviewing all final fitness to practise committee decisions to assess whether they are insufficient to protect the public and do not protect the public. If we consider that is the case we can refer the matter to Court but have only a limited legal timeframe in which to do so
• Auditing a random sample of fitness to practise cases closed by investigating committees/case examiners and staff at the initial stages of the fitness to practise process. In carrying out the audit we consider whether the decisions made by the regulator protect the public and if the regulator has followed its own processes. In this instance we are limited to feeding back any concerns to the regulatory body by way of audit reports.

No. We do not have any powers, under the law that governs our work (The National Health Service Reform and Health Care Professions Act 2002) , to look at decisions made by a staff member, case examiner or an investigating committee in the initial stages of the regulators fitness to practise process. We do not have the power to review or challenge these decisions, nor do we have the power to ask the regulator open the case again or to provide an explanation for their decision.

For concerns about the General Medical Council (the GMC), the Nursing and Midwifery Council (the NMC) and the General Dental Council (the GDC). You can ask the GMC/NMC/GDC to review the decision that it made on your complaint. You can apply for a review under their fitness to practise rules. You should contact your caseworker with such a request.

You could (also) seek a judicial review of the decision made by regulator. However, we are unable to give you advice about this course of action and you should seek independent legal advice before taking this step.

We are aware that judicial review can be a costly process and is also one which is bound by strict time limits: the normal time limit is three months from the date of the initial decision being challenged. Your local Citizens Advice Bureau might be able to provide you with information.