GPhC—Investigating Committee (IC)
Produced in partnership with Keziah Pearson of Capsticks Solicitors LLP
GPhC—Investigating Committee (IC)

The following Corporate Crime practice note Produced in partnership with Keziah Pearson of Capsticks Solicitors LLP provides comprehensive and up to date legal information covering:

  • GPhC—Investigating Committee (IC)
  • The role of the IC
  • Pre-IC referral criteria
  • Notice of IC meeting
  • IC constitution and process
  • Decision-making powers
  • Referral to the FtPC and the ‘real prospect’ test
  • Rescission Applications

The role of the IC

The Investigating Committee (IC) is a screening committee; it meets in private and its discussions are confidential. Parties involved in a referral do not attend the IC meeting and no oral representations are made. The IC does not resolve disputes of fact.

The IC is required to consider all matters referred to it and decide whether or not the allegations raised should go on to be considered by the Fitness to Practise Committee (FtPC). See Practice Note: GPhC—Fitness to Practise Committee. The IC is independent from the GPhC and is accountable for the decisions that it makes.

In deciding whether a matter should be referred by the GPhC to the IC, the former will have regard to the Good decision making: Investigations and threshold criteria guidance, published on 31 January 2018.

Pre-IC referral criteria

In order for a matter to be referred for the consideration of the IC, it must reach the ‘Threshold Criteria’. This criteria contains a list of statements based around the 7 Principles of the Standards for Conduct, Ethics and Performance. If the Registrar is in any doubt as to whether the criteria is met, then a referral should be made to the IC. The 7 Principles are:

  1. make patients your first concern

  2. use your professional judgement in the interests of patients and the public

  3. show respect for others

  4. encourage

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