This tool is intended as Guidance only and should not restrict the Committee’s discretion to
depart from the routes shown herein. As with any Guidance, if deviating from the suggested
route the Committee should provide additional reasons for their decision.
Investigating Committee
Decision Making Tool
Is the Committee satisfied that the Registrant and the maker of the allegation (if any) have been
provided with reasonable opportunity to comment on the allegation and appropriate evidence?
(N.B in Rule 10 cases, respondents are only invited to comment on the application. Further detail
contained in R10 Guidance).
No
Adjourn and set out concerns
regarding service
Yes
Close without Advice or
Warning
Issues to bear in mind throughout the
Committee’s Consideration
Is there a real prospect of the facts alleged being found proved?
(see Para 105-6 Guidance manual regarding conflicts in evidence)
No
Does the Committee have sufficient
information in order to decide if there is
a real prospect of the facts, the
statutory ground, or of current
impairment being found? If not,
consider adjourning for further
information.
Yes
Close without Advice or
Warning
OR
Close with Advice
In light of the above, is there a real prospect of a finding of
misconduct, deficient professional performance, adverse physical
or mental health, caution/conviction, or other statutory ground in
s.27(2)?
No
Yes
Close with Advice
No
Is there a real prospect of a finding of current impairment by reason of one or more of the
statutory grounds?
Consider :
·
whether public confidence would be undermined if a finding of impaired fitness to
practise was not made;
·
whether the alleged behaviour is easily remediable;
·
whether the alleged behaviour has been remedied;
·
whether the alleged behaviour is highly unlikely to be repeated in the future;
Factors which may be relevant to likelihood of repetition include:
remedial steps taken, any relevant Fitness to Practise History & insight demonstrated
If the Committee is considering an
allegation of deficient professional
performance, does the Committee have
access to a fair sample of the
Registrant’s practice? If not, would it be
a proportionate to adjourn and direct
the Registrar to make further enquiries
(e.g. by record card audit)
Yes
Close with Warning
Do the issues engage the public interest?
If yes, consider
publishing the warning
Factors to consider in relation to the Public Interest include:
·
·
·
The protection of members of the public
The maintenance of public confidence in the profession;
Declaring and upholding proper standards of conduct.
Refer to Practice
Committee
Consider if it is also
appropriate to refer to
the Interim Orders
Committee?
Is there anything within the papers
which raises a concern which is not
addressed by the allegations? If yes,
consider whether it would be fair and
proportionate to adjourn to make
further enquiries, or to direct the
Registrar to consider raising additional
allegations. (e.g. are there issues of
health or performance which have not
been raised)