Fitness to practise: A case study
by Ryan McKinney
 

Fórsa provides free support, guidance and professional legal advice to health and social care professionals (HSCPs) who are subject to ‘fitness to practise’ complaints under CORU professional registration arrangements.

 

CORU is the statutory body that regulates a growing number of HSCP grades including dieticians, occupational therapists, physiotherapists, social workers, and speech and language therapists.

 

A recent CORU fitness to practise hearing involving a senior social worker dealt with a series of very serious allegations over child protection issues. The case followed the findings of highly critical reports by Hiqa, and received significant media coverage .

 

The case illustrates the small minority of cases that result in severe sanctions, and it’s necessary to add that Fórsa was not representing the individual involved in this case. It further highlights how the potential for details of the complaint to be made public, and this can occur even where allegations are not upheld.

 

The case revolved around the protection of children in foster care and the details of foster parents and children were of course concealed from the public. The registrant was not afforded anonymity because the Health and Social Care Professionals Act states:

 

A hearing before a professional conduct committee must be held in public, unless

 

(a) the registrant or the complainant requests the committee to hold all or part of the hearing otherwise than in public, and

 

(b) the committee is satisfied that it would be appropriate in the circumstances to hold the hearing or part of the hearing otherwise than in public.

 

(3) A hearing before a health committee shall be held otherwise than in public, unless—

 

(a) the registrant or the complainant requests that all or part of the hearing be held in public, and

 

(b) the committee is satisfied that it would be appropriate in the circumstances to hold the hearing or part of the hearing in public.

 

Similarly there is provision under the act for the council to decide that it is in the public interest to advise the public as to the outcome of a fitness to practise process. This has meant that, in recent years, a number of registrants have been publicly identified where allegations of professional misconduct and/or poor professional performance have been upheld. Examples of this include a radiographer whose registration was cancelled for a minimum period of 18 months, a radiographer whose registration was suspended for a period of 12 months, and a social worker who had their registration cancelled permanently. 

  

Thankfully only a minority of cases result in such severe sanctions. But, even where allegations are not upheld, there remains the probability that details of the complaint are made public.  

 

This highlights the importance of ensuring you are protected. Fórsa members who find themselves at the receiving end of a complaint will have support, advice and representation from day one.

 

Most complaints involving Fórsa members do not make it past the preliminary complaints committee. In instances when further investigation is warranted, our experienced legal team will have your back.

 

Protecting your registration and your reputation is what we do. For peace of mind, join Fórsa.

It’s never been more important – or easier – to get the protections and benefits of union membership. Join Fórsa HERE or contact us HERE. 

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