GOC—Fitness to Practise hearing—the impairment stage
Produced in partnership with Jonas Milne & Sandesh Singh of 2 Bedford Row
GOC—Fitness to Practise hearing—the impairment stage

The following Corporate Crime guidance note Produced in partnership with Jonas Milne & Sandesh Singh of 2 Bedford Row provides comprehensive and up to date legal information covering:

  • GOC—Fitness to Practise hearing—the impairment stage
  • The impairment stage
  • Insight

The impairment stage

If the charge or charges against the Registrant are proved, the Fitness to Practice Committee panel will go on to consider the issue of impairment. A finding of impaired fitness to practise against a registered individual can be based on any of the following:

  1. misconduct

  2. deficient professional performance (although not in the case of a registered student)

  3. a conviction or caution in the UK for a criminal offence, or a conviction elsewhere for an offence, which, if committed in England and Wales, would constitute a criminal offence

  4. adverse physical or mental health, or

  5. a determination by any other UK health regulatory authority that fitness to practise is impaired

A finding of fitness to practise against a business Registrant can be based on any of the following:

  1. misconduct (by the business Registrant or a director)

  2. practices or patterns of behaviour occurring within the business which:

    1. the Registrant knew or ought reasonably to have known of; and

    2. which amount to misconduct or deficient personal performance

  3. the instigations by the business Registrant of practices or patterns of behaviour within the business where the practice or behaviour amounts to, or would if implemented amount to, misconduct or deficient personal performance

  4. a conviction or caution in the UK of the business registrant or one of its directors for a criminal offence,