The Investigating Committee

The panel will not decide the facts of a case, but whether there is a realistic prospect of proving the allegation at a final hearing. The panel consider cases in private, on the basis of the papers before them. Each panel is made up of three members: a Chair, someone from the relevant profession and a lay person who is not from any of the professions we regulate.

The Investigating Committee Panel can decide that:

• the case should be adjourned for further information to be obtained or for the allegations to be amended;
• there is a case to answer and the case should go forward for a final hearing; or
• there is no case to answer and the case should be closed.  

Following the Investigating Committee meeting, we will write to you to tell you the panel’s decision.

Taking previous concerns into account

If the registrant has had a 'no case to answer' decision within the last three years, the allegation and relevant papers will be provided as part of the bundle for the panel to consider.

The panel will be invited to decide whether, in light of the new concern, there is now a case to answer for the previous concern.

If the panel decide there is no case to answer for the previous concern, it will remain closed and will not be referred to a final hearing. If the panel decide that there is now a case to answer, it will be included in the new allegation and will be referred to a final hearing alongside any new concerns that the panel decide to refer.

Can I appeal against an Investigating Committee Panel’s decision?

There is no means to appeal a decision made by the Investigating Committee Panel. However, you can apply for a Judicial Review of the decision if you think we have not followed our process correctly. Applications for Judicial Review must be made to the High Court or Court of Session in Scotland within three months of the Investigating Committee Panel’s decision. Further information about the Judicial Review process can be found on the gov.uk website. You should get legal advice if you are considering applying for a Judicial Review.

Pre-action letters, copies of the claim form and any other correspondence or documents relating to a Judicial Review should be sent to the HCPC by email to courtdocuments@hcpc-uk.org.