A reflection on my first 100 days with The Health and Care Professions Council (HCPC)

The HCPC's new Council Chair, Elaine Buckley, reflects on her first 100 days in office.

Following the 100th meeting of HCPC’s Council in my first 100 days it’s a good time to reflect on my experience of joining the organisation as Chair. I would therefore like to share with you some of the key elements of my reflections as I approach this key milestone.

In common with many colleagues, I have worked in both health and social care provider organisations and higher education institutions, one thing both sectors have in common is the unrelenting pace of change. I therefore took up the role of Chair of the HCPC wondering if it is possible for regulation to enable change rather than act as a barrier. The evidence I have gathered over my time at the HCPC is moving me towards a conclusion that it (regulation) can, and in fact should, enable change.

The rationale for my conclusion is multifaceted; as a regulator of 16 professions working across a range of sectors, the HCPC has an outcome model of regulation, using a framework of standards relevant to all. This enables registrants to apply them to their own context. Recent work carried out to evaluate our CPD standards provides robust evidence to support this theory. Our programme of education visits also demonstrates that innovative programme design and delivery is possible within the framework of our standards of education and training.

Partnership is another key feature of how we work at the HCPC, whether that be with professional bodies, registrants, service users, employers or education providers. For example, we have recently worked with and launched a campaign to highlight the benefits of using arts therapists to employers. The organisation also has a broad programme of events and consultations, aimed at either gathering opinion or sharing evidence and good practice. We recently consulted on the revised standards of conduct, performance and ethics and guidance for disabled people wanting to become health and care professionals both which will be launched in the coming months. I am also very much looking forward to my first series of public events in Scotland next month. We are committed to being 'in touch' with the professions that we regulate and these events provide a vital opportunity to share and also hear what is happening.

Continuous quality improvement dominates the culture of the HCPC. That could be in response to stakeholder feedback through our regular research activities. It could also be through a cyclical programme of standards review, to ensure they remain relevant and current or our on-going work to further engage with members of the public, service users and patient safety groups. 

I have been fortunate to join a very effective and efficient organisation, but it’s by no means complacent. There is much work we need to do in order to ensure that the model of regulation we adopt delivers its ultimate objective; public protection, but in doing so enables our stakeholders to respond to the changing demands within their operating environment, whenever and wherever that might be.

Activity for the coming months includes refreshing the strategy for 2016 and beyond, publication of the new standards of conduct, performance and ethics and beginning work on reviewing the standards of education and training as well as improvements to our fitness to practise processes and our registration systems.

I look forward to working with my colleagues over the coming months and years to continue to strengthen the evidence base for regulation and build even stronger engagement among our stakeholders. 

Students: what you need to know about the HCPC

Welcome to all those embarking on one of our approved education and training courses this autumn. Here’s 11 things all new students should know about the Health and Care Professions Council (HCPC).  

1. We are a UK multi-profession regulator created to protect the public
The HCPC was created by legislation - the Health and Social Work Professions Order 2001 - and is independent of government, professional bodies and trade unions. We currently regulate 16 health and care professions.

2. We keep a Register of health and care professionals who meet our standards for their training, professional skills, behaviour and health
Those registered are called ‘registrants’. Registrants must be HCPC registered in order to use one of our legally protected titles, for example ‘Physiotherapist’, ‘Paramedic’ and ‘Social Worker’. This applies to those working in both public and private sectors.

3. In order to remain registered with us, registrants must continue to meet the standards that we set for your profession
There are four key sets of standards: Standards of conduct, performance and ethics; Standards of Proficiency; Standards of education and training; Standards of continuing professional development. These standards determine registrants’ ‘fitness to practise’.

4. Standards of conduct, performance and ethics set out the behaviour and conduct expected of our registrants
These standards apply to both registrants and prospective registrants. We have produced guidance on conduct and ethics for students based on these standards, which will enable you to familiarise yourself with them prior to registration with us.

5. Students’ behaviour whilst studying can impact on their ability to register with HCPC
While we do not register students or trainees, our Standards of conduct, performance and ethics apply to those studying to join a profession regulated by HCPC.

6. Every registrant must meet the Standards of proficiency for their profession
Meeting these standards is a requirement in order to become registered and to remain on the HCPC Register. Students must be able to meet these standards when they complete an approved programme.

7. Standards of education and training must be met by education providers
These standards ensure that all those completing an approved programme meet the standards of proficiency.

8. Standards of continuing professional development (CPD) must be met by all registrants
CPD is the way registrants continue to learn and develop throughout their careers so they keep their skills and knowledge up to date and are able to work safely, legally and effectively. Registrants must maintain a continuous and accurate record of their CPD activities.

9. The HCPC’s fitness to practise (FtP) process is designed to protect the public from those who are not fit to practise.
We can take action when there are concerns about a registrant’s conduct or competence. It is important to remember that only a very small percentage of registrants are ever subject to FtP concerns. Of the 322,021 registrants on the Register, just 0.64% were subject to FtP concerns last year.

10. Once you have successfully completed your training, you will need to register with HCPC before you are able to start work using a protected title
Your education provider will notify HCPC that you have successfully completed your programme. You can then apply to join the Register at www.hcpc-uk.org/apply. Your application must include: a character reference; certified copies of two forms of ID; the registration fee. Students currently receive a 50% discount on the first two years registration.

11. You must renew your HCPC registration every two years
We will notify you three months before your registration ends. The quickest and most convenient way to renew your registration is online.

Students can find out more about the HCPC via the website at www.hcpc-uk.org. Visit the ‘students and prospective registrants’ section for relevant information and guidance.

6 things you should know about the HCPC’s Education and Training Committee

Education Manager, Tracey Samuel-Smith, explains the key roles of our Education and Training Committee (ETC) and how their decisions can impact education providers.

The ETC is a statutory committee of the Council, and advises on matters relating to education, training and registration. Members of the Committee make up the Education and Training Panels who deal with visitor’s reports from the approval and monitoring processes. Their decisions directly impact education providers so it’s important to understand their role. 

Here’s six things that, as an education provider,
you should know about the ETC:

1. The Education and Training Committee consider recommendations from appointed visitors about whether a programme has met the appropriate standards.

2. The Education and Training Committee comprises six members of Council - three registrant and three lay members (in accordance with our Code of Corporate Governance). As such, not all of our regulated professions are represented on the Committee. Therefore they use visitor recommendations to make a final decision on programme approval and ongoing approval.

3. The Education and Training Committee will consider input from education providers, who have the opportunity to contribute to the decision-making process by submitting observations on any condition or recommendation in a visitors’ report. 

4. The Committee can vary any condition or recommendation in a visitors’ report. For example when they decide a condition exceeds threshold or is not relevant to a standard.

5. The Committee can withdraw approval from any education or training programme that closes or no longer meets our standards.

6. The Education and Training Panel sits ten times per year. Dates of panel meetings are available on the HCPC website. These dates should be considered by education providers planning a visit or undertaking a significant change to a programme.

For more information about the HCPC’s Education and Training Committee, visit www.hcpc-uk.org/aboutus/committees

What happens if a concern is raised about me?

8 things you should know if a concern is raised about your fitness to practise.

1. The fitness to practise (FtP) process is not designed to punish registrants for past mistakes.

Rather, the process is designed to protect the public from those who are not fit to practise. Finding that a registrant’s fitness to practise is ‘impaired’ means that there are concerns about their ability to practise safely and effectively. In 2013-14, 1.2 per cent of social workers in England were subject to an FtP concern; a very small percentage, indicating that the vast majority of registrants are practising safely and effectively.

 

2. Your case will be allocated to a case manager.

If you find yourself the subject of a fitness to practise allegation, the case will be allocated to a case manager, who will remain neutral. They can explain how the FtP process works and what panels will consider when making their decisions. However they cannot advise you what to include in your response or how you should represent yourself.

3. We will give you an idea of how long our enquiries will take.

We understand that it can be stressful when an FtP concern is raised, and we will provide you with an idea of how long our enquiries will take at each stage of the process. In 2013-14 the length of time of cases referred for a hearing to conclude was an average of 17 and a median of 14 months from receipt of the allegation.

4. You can respond to the allegation in writing within 28 days. It is important to engage with the process so that you can give your side of events.

Once we have all the information we need, we will write to you with full details of the allegation that has been made plus copies of the documents we have collated. You are then invited to respond in writing within 28 days. If you need more time, your case manager can offer a 28-day extension, and if further time is required you can make a written application to the panel. 

5. You may find it helpful to get advice from your union, professional body or a solicitor at the earliest opportunity.

They will be able to provide advice on what to include in the response to the allegations which will be provided to the Investigating Committee Panel.

6. You are entitled to be represented throughout the process.

If the case is referred to a hearing, registrants are entitled to be represented, or can represent themselves, throughout the process. Information and guidance on the fitness to practise hearing process is available on our website, and explained in this useful YouTube video.

7. Cases are scheduled up to four months before the actual hearing.

We try to give registrants at least 60 days’ notice of the hearing date. We will also give you the material that we plan to rely on at the hearing 42 days beforehand. We ask registrants to provide their material 28 days before the hearing date.

8. Details of the hearing and allegations are published four weeks before the hearing is due to start.

We put this information on our website as the hearings are held in public. We do not put the information on the website more than four weeks before the hearing date to make sure we are acting fairly and balancing your rights with our role of protecting the public.

For more information download our brochure information ‘What happens if a concern is raised about me?’ or visit www.hcpc-uk.org/complaints/registrants

Applying for HCPC registration?

Registration Manager Dushyan Ashton highlights what you need to do to avoid having your application returned as incomplete.

Proud excited faces, mortar boards scattered against a sky-blue background, and groups of students posing in smart black gowns. The numerous photos posted on social media by newly qualified students - now graduating after successfully completing one of our approved programmes - are a happy reminder that graduation season is in full swing.

All those students completing an approved education and training programme are required to join our Register before they can practise using one of our legally protected titles.

During this current period our Registration Department will receive lots of new applications. We aim to process applications within ten working days of receipt of a complete application. This ensures that newly qualified professionals are added to our online Register as soon as possible.

It is important to make sure that your application is complete before submitting it to us. Common mistakes include failing to provide the appropriate documentation, or not including a fee with the application form. Incomplete applications will be returned for resubmission, which could potentially delay your entry to the HCPC Register.

To avoid this happening follow our checklist:

• Enclose two certified copies of documents to confirm your identity; one document should contain your photograph, one should provide your current address.
• All signatures must be original and dated within the last six months.
  
• Provide certified proof of any name changes; e.g. a certified photocopy of a relevant name change document such as a marriage certificate or deed poll.
• A fee must be submitted with your application form.  
• If you answered ‘yes’ to any question in section 3 (character and health self- declarations / vetting and barring schemes), you must provide additional information.

For further information about applying to join the HCPC Register
visit www.hcpc-uk.org/apply

Fitness to practise: advice for employers and managers

HCPC's Head of Fitness to Practise Service Improvement, Sarita Wilson, highlights 10 things you should know if you have concerns about an employee’s fitness to practise.

1. If a registrant is ‘fit to practise’ this means that they have the skills, knowledge and character to practise their profession safely and effectively.

Fitness to practise (FtP) isn’t just about professional performance; it also includes acts by a registrant which may affect public protection or confidence in the profession. For example, if a registrant has been cautioned or convicted for a criminal offence.

2. The Health and Care Professions Council (HCPC) will consider cases which question whether a registrant’s fitness to practise is ‘impaired’, or negatively affected.

This could be by misconduct, a lack of competence, a caution or conviction, the registrant’s physical or mental health, or a decision made by another regulator responsible for health and social care.

3. Incidents involving employment issues which don’t affect the safety or wellbeing of service users do not need to be referred to HCPC.

For example: lateness or poor time-keeping (unless it has a direct effect on service users); personality conflicts (as long as there is no evidence of bullying or harassment); sickness or other absence from work.

4. Concerns should be reported to the HCPC if…

…the behaviour or actions of a registrant have raised concerns about their fitness to practise; you have dismissed or suspended a registrant; you have taken the decision to downgrade the status of a registrant (for example, you place them under supervision).

5. Fitness to practise and employment processes are different and can result in different outcomes.

Issues that cause you as an employer or manager to take disciplinary action may not result in the HCPC placing any sanction on the registrant. In other cases, HCPC may take more serious action than you, which means that the registrant may not be able to work in their profession or has restrictions placed on their practice.

6. Letting HCPC know about your concerns does not necessarily mean that fitness to practise proceedings will begin immediately.

Neither does it mean you would have to suspend or end your own procedures. In many instances it will be more appropriate for HCPC to wait until you have finished your procedures. Even if HCPC does not immediately pursue an allegation, they are better placed to protect the public.

7. To raise a concern you should fill in an employer referral form.

This can be downloaded at www.hcpc-uk.org/complaints/
employers/raiseaconcern and emailed or posted to HCPC. Anything sent to HCPC will be copied to the registrant you are referring so that they can respond. If there is anything you would prefer not to be sent to the registrant, you should notify HCPC.

8. If you raise a concern with HCPC you can expect everyone involved to be treated fairly and be given an explanation as to what will happen at each stage.

You will also be given details of a case manager who you can contact should you have any questions.

9. You may be required to provide a witness statement or give evidence.

If the case is referred to a final hearing, you or members of your staff may need to meet with the HCPC’s solicitor to provide a witness statement. You may also be required to come to the hearing and give evidence. HCPC will organise your travel and accommodation if this is the case.

10. Employing a registrant who is the subject of a current FtP investigation.

Being the subject of an FtP investigation does not automatically make a registrant unsuitable for employment as they can continue to practise unless the HCPC has imposed an interim order preventing them from practising or placing restrictions on their practice. You can find out if a registrant has an interim order made against them by searching the HCPC Register.

For further information and advice for employers and managers visit
www.hcpc-uk.org/complaints/employers

Welcome from one Chair to another

I’m told, on the best authority (knowing nothing about football) that England has a reputation for keeping its goalkeepers until they are well past their best. As I stand down from my role as Chair of HCPC after nine years, I hope very much that I am not in that category. I have had a fascinating and privileged time at HCPC, and have been part of huge growth and change. I am grateful to my colleagues on the Council and to the employees of HCPC, many of whom I have worked with over many years. It gives me great pleasure to welcome Elaine Buckley, from Sheffield Hallam University, who will step into the role on the 1 July, and I can think of no-one who comes to the job with more enthusiasm, commitment and clear understanding of what regulation is for.

At its best, professional regulation exists for one purpose; to safeguard the public, to make sure professionals are doing their job to a consistent standard, so that the public know what to expect and get what they expect. Regulators are the gatekeepers, the patrols and the judges of the professions. It is for others to be the promoters, advocates and educators. Most of the time, this collaborative approach works well. It would be foolhardy to suggest that there are not many challenges along the way, and tensions will always arise between those who regulate and those who are regulated. For me, the essential components of success are embedded in values. Values define the personality of an organisation, and if people have clarity of purpose in what they do they are less likely to become distracted and pulled towards work that is best carried out by others.

And finally, I would want to add one more observation. I believe that the HCPC has never, and will never, settle for the status quo. It will always be changing, moving forward, recognising that whilst change is unsettling, it is part of the discomfort that goes with improvement.

Anna van der Gaag
Chair