Government plans to change the legislation for nine out of the 10 professional regulators the PSA oversee, including HCPC, giving them a range of new powers and allowing them to operate in a very different way – with biggest changes in Fitness to Practice and rule-making. Have your say by responding to this PSA consultation.
The Professional Standards Authority are undergoing a consultation to produce guidance for health care regulators who they oversee, including HCPC, who Government plans to change the legislation around, giving them new powers and allowing them to operate in a very different way - with biggest changes to Fitness to Practice and rule-making.
What do the changes mean in practice?
(Fitness to practise)
• Fitness to practise cases will be able to be
resolved without the need for a panel hearing using
‘accepted outcomes’
• Case examiners will carry out a detailed
assessment of the case from the written evidence
and make a decision on impairment and sanction
• The case can be concluded using an accepted
outcome if the registrant accepts the case
examiner’s findings and sanction, and that they are
impaired
• The new process is likely to be less adversarial,
quicker and more cost-effective
• However, the decision-making process will be less
independent as case examiners will be employees
of the regulator. There will also be less opportunity
to ‘test’ the evidence without a hearing
• There is nothing in place to require certain types of
cases to go to a panel, and cases may be resolved
by a single case examiner
What do the changes mean in practice?
(Rulemaking)
• Rules set out the process regulators have to follow
to carry out their regulatory functions (detail that
sits below legislation)
• At the moment, regulators have to get all rule
changes approved through the Privy Council
• Under the new model, reformed regulators will be
able to change their operational rules setting out
how they regulate without going through any
external approval process.
Why is the PSA developing guidance for
regulators?
• As the oversight body the PSA is in a unique
position to look across the regulators and provide
advice on best practice
• We are producing this guidance to help regulators
make best use of their new powers post-reform in a
way which protects the public.
• We’ve chosen to focus on ‘accepted outcomes’ and
rulemaking because we think these are the biggest
changes introduced by the reforms.
• The PSA will not have any formal role within the
rulemaking or ‘accepted outcomes’ processes
• Our guidance won’t ‘bind’ regulators or have any
official status – it is intended to support and guide
regulators in developing their own guidance/rules.
• For our Performance Review - where relevant, we
might ask a regulator for more information about
their approach, including whether, and how, they
had taken the guidance into account.
What do you think?
1. Do you agree that some fitness to practise cases
should still be heard by a panel in future?
2. Do you think that more than one case examiner
might be required for some cases?
3. Do you think regulators should continue to ensure
lay and/or registrant involvement in fitness to
practise decision-making?
4. What information should regulators be required to
publish about cases?
5. What do you think might be the positives and
negatives of regulators being able to
create/change their own operational rules?
6. Do you think it is important for regulators to follow
a similar set of principles when making rules?
7. Do you think regulators should try to keep their
regulatory approach as similar to each other as
possible?
8. Do you think it is important that regulators consult
properly with stakeholders including registrants
and registrant organisations?
How can you get involved? Have your say!
• The consultation is open until 5.00 pm on Monday,
15 April 2024.
• Further information, including the full consultation
document as well as the two draft guidance
documents, explainer animations and links through to the survey to
respond are on our website here -
www.professionalstandards.org.uk/psaconsultation