What is Fitness to Practise?

Fitness to practise refers to the capability of a professional to perform their role safely, effectively, and ethically. For doctors, this involves maintaining the skills, knowledge, health, and character necessary to provide high-quality care while adhering to regulatory standards.

The General Medical Council (GMC) and other regulatory bodies establish these standards through codes of conduct, which doctors must follow to retain their registration. These codes ensure that patients are protected and that trust in the medical profession is preserved.

However, when concerns arise about a doctor’s ability to meet these standards, they may face fitness to practise investigations or hearings. These proceedings can be stressful and potentially career-ending without proper representation.

The Importance of a Fitness to Practise Lawyer for Doctors

If you are facing a GMC fitness to practise hearing, you are likely feeling anxious and uncertain about the future. This is understandable, given the potential consequences: suspension, conditions of practice, or being struck off the register.

The role of a fitness to practise lawyer is to guide and support you through this challenging process. Their expertise can make a significant difference, helping you build a strong defense and presenting your case effectively to protect your career and reputation.

Common Fitness to Practise Concerns for Doctors

Doctors may face fitness to practise hearings for various reasons, including:

• Allegations of misconduct or unprofessional behavior

• Clinical errors or failure to meet professional standards

• Health concerns that may impact patient safety

• Criminal investigations or convictions

• Breaches of ethical guidelines or patient confidentiality

Each case is unique, but all require a robust defense to ensure fairness and protect your right to practise.

How We Help Doctors in Fitness to Practise Cases

At What Rights, we specialize in providing comprehensive support to doctors navigating the complex fitness to practise process. From initial investigations to restoration applications, our tailored services are designed to achieve the best possible outcomes for our clients.

Key Services We Provide

1. Fitness to Practise Hearings

• We provide representation in hearings conducted by regulatory bodies such as the General Medical Council (GMC), Nursing and Midwifery Council (NMC), Health and Care Professions Council (HCPC), Social Work England (SWE), and the Teaching Regulation Agency (TRA).

• Our legal experts will present your case effectively, ensuring the tribunal considers all relevant factors and evidence in your defense.

2. Interim Order Applications

• If you are under investigation, you may face an interim order hearing where restrictions could be placed on your practice.

• We assist in challenging unnecessary restrictions, working to ensure minimal disruption to your professional life.

3. Restoration Applications

• For doctors who have been struck off the register, we provide expert guidance on applying for restoration.

• Our team prepares compelling arguments and evidence to demonstrate your readiness to return to practice.

4. Employer Investigations

• Many fitness to practise cases start with referrals from employers.

• We offer support during employer-led disciplinary processes to protect your rights and prevent escalation to regulatory bodies.

5. Criminal Investigations and Police Interviews

• If your professional conduct is under criminal investigation, we provide strategic legal advice and representation during police interviews and related proceedings.

These services reflect our commitment to safeguarding your professional standing and helping you navigate complex legal and regulatory challenges with confidence.

Case Study: Failure to adequately risk assess/provide adequate and safe care

“We represented a psychologist referred to the HCPC for multiple fitness to practice failures, including a failure to adequately risk assess and failure to provide adequate and safe care.

This was complicated by the fact that our client believed that the allegations were racially motivated and made by a complainant who enlisted the help of their local MP to pursue them.

After we had made detailed submissions to the HCPC, the Investigating Committee considered the case, and concluded that the allegations could not be proven.  They took only 6 sentences to dismiss the allegations.”

Testimonial

"I can highly recommend the service Marc offers. I was registered with HCPC as a registered psychologist with 35 years in practice when I contacted Marc in relation to an HCPC fitness to practice complaint that I had sought prior legal advice for via my insurers. It was the first complaint of my entire professional career and a malicious one. On the first occasion I spoke to Marc I realised I had been ill advised to provide documents I should not have by the previous representative.
From the outset, it was clear to me that Marc’s knowledge of HCPC’s processes was highly specialised. Although he came across as softly spoken, his letters to HCPC were concise, to the point and he certainly did not mince his words when highlighting the discriminatory nature of the vexatious allegations against me.
Eventually almost a year later, HCPC concluded there was no case to answer. I subsequently decided to de-register shocked by the entire process. It certainly was a shocking eye opener I could not have imagined having assumed that these formal processes were fair.
I found Marc to be accessible, responsive and knowledgeable throughout the entire process and would highly recommend him over and above the legal adviser my insurers referred me to. I am certain that without Marc’s skilful intervention I would have been entirely at the mercy of HCPC and the outcome would have been a hugely different one. Thank You Marc, your work is invaluable in what has become a risky time for professionals like myself."
M.J., Beds, Feb 2021