Super regulator issues guidance on fitness to practise hearings during COVID-19 pandemic

The Professional Standards Authority for Health and Social Care (PSA) has issued guidance on holding virtual fitness to practise hearings during the Covid-19 pandemic.

The guidance sets out the super regulator's expectations in relation to online hearings — such as conduct of the hearings, safeguards to ensure the integrity of the process, and public access — with the aim of encouraging a consistent approach between the 10 health and social care regulators it oversees.

Most hearings were paused after lockdown measures were announced by the UK Government in March 2020, although some have been conducted by video link. These tended to be hearings where there was an urgent public interest in their taking place and included review hearings and interim order hearings.

With social distancing and other restrictions likely to continue for some time, the PSA said that regulators need to look at greater use of wholly online hearings and 'hybrid' hearings where part of the hearing takes place in one location and the remainder virtually.

The PSA noted concerns about privacy and the risk that those observing online hearings may share footage on social media. Other concerns include the identification of witnesses and how far the panel can assess that their evidence is genuine when witnesses are not before them in person.

The concerns will carry greater weight in some cases than in others and in some cases may suggest that an online hearing is inappropriate for all or part of the proceedings. However, there have been no serious concerns about hearings that have so far been held virtually and overall there is no evidence to suggest that regulators should not use online hearings as a major part of their approach to address the challenges posed by the pandemic, the super regulator said.

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