The Health Professions Council (Investigating Committee) Procedure Rules Order of Council 2003

Investigation of allegations

4.—(1) Where an allegation is referred to the Committee it shall, at the same time that it sends the notice referred to in article 26(2)(a) of the Order to the health professional, provide him with a copy of the standards of conduct, performance and ethics.

(2) Any written representations to be submitted to the Committee under article 26(2)(a) of the Order shall be sent before the end of the period of 28 days beginning with the date on which the notice referred to in that article is sent to the health professional.

(3) In considering an allegation the Committee may seek such advice or assistance as it sees fit but may not—

(a) interview the health professional unless he consents; or

(b) take account of any document or other material which the health professional has not had the opportunity to comment upon.

(4) Where the Committee has found that the health professional has failed to comply with the standards of conduct, performance and ethics, the Committee may take that failure into account in its consideration of an allegation but such failure shall not be taken of itself to establish that the fitness to practise of the health professional is impaired.

(5) Subject to rule 8, the Committee shall meet in private to consider an allegation other than a register entry allegation.

(6) Subject to paragraph (7), in determining whether there is a case to answer the Committee may take account of any other allegation made against the health professional within a period of three years ending on the date upon which the present allegation was received by the Council.

(7) An earlier allegation in respect of which a Practice Committee previously determined that there was no case to answer may only be taken into account in accordance with paragraph (6) if, when the health professional is notified that no further action is to be taken in connection with the earlier allegation, the notification contains a statement that the case may be taken into account in the consideration of any subsequent allegation.