HCPC Strike off - how to win on appeal

Following on from our successful High appeal last year against the strike off of one of our social worker clients, by Social Work England, we have this month won another fitness to practise appeal. This time it was against a strike off by the Health and Care Professions Council (“the HCPC”). Appeals against strike off go to the High Court in London or one of the satellite branches of the High Court, in places such as Manchester or Birmingham. There is a very short window within which to initiate an appeal - 28 days - and as well as submitting an appeal application (form N161), you must also submit grounds (reasons) for your appeal. Once you’ve done this, the appeal process gradually unwinds with both parties submitting their written legal arguments and documents to be relied upon to the court. Finally, the court will hold a hearing at which the appeal is argued. In our experience, the process takes about 7 months from start to finish.

If the appeal is strong enough, the regulator may concede the appeal early, meaning that the registrant wins their appeal without a hearing. Usually, this would mean that the case goes back to the regulator for a fresh final hearing.

In our successful case this month, the HCPC did in fact concede the appeal. They did so have reviewed our grounds of appeal and documents in support. Interestingly, we succeeded in an argument that is not often won, that of the bias of one of the panel members. Having shown that the panel member had an undisclosed link to the case (which we subsequently discovered), the HCPC plainly took the view that we were bound to win and folded early.

What we like about this case is the tenacity of the registrant. They refused to cede their professional registration without a fight, and they provided us with all of the motivation to help them.

We look forward to representing them at the renewed fitness to practise hearing in due course.