Whether HCPC registrants can work during a fitness to practise investigation, when interim orders prevent practice, employer disclosure, locum and agency considerations, and income protection
One of the first questions any HCPC registrant asks when they receive an investigation letter is whether they can carry on working. The short answer is yes — in most cases. But the position is more nuanced than a simple yes, and understanding when restrictions can arise is essential.
Receiving an HCPC investigation letter does not automatically restrict your ability to practise. Your HCPC registration remains current and you can continue working in your registered profession unless and until a formal restriction is imposed through a separate process. The investigation and any restrictions on practice are legally separate.
This is one of the most important distinctions in the HCPC fitness to practise process — and one that many registrants get wrong. An investigation letter is the beginning of an evidence-gathering process, not a regulatory finding.
You remain a fully registered HCPC professional until any formal restriction is imposed. Understanding the full scope of how HCPC investigations work helps contextualise where restrictions might arise.
The main mechanism by which an HCPC investigation leads to work restrictions is an interim order. The HCPC can apply to its Fitness to Practise Committee for an interim suspension or interim conditions of practice where it considers that immediate action is needed to protect the public — before the investigation concludes.
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An interim suspension prevents you from practising in any capacity requiring HCPC registration from the date the order takes effect. Interim conditions restrict but do not prevent practice.
Both are publicly recorded. The HCPC applies for interim orders where: there is a serious immediate risk to patients; a criminal investigation is ongoing; or the nature of the allegation is such that the public interest requires action before the investigation concludes.
Not all cases result in interim orders. For most HCPC investigations — particularly those involving clinical performance concerns without immediate patient safety risk — no interim order is sought.
The guide to HCPC sanctions and their implications covers what interim and final orders mean in practice.
Whether you must tell your employer about an HCPC investigation depends on your employment contract. Many NHS employment contracts, social care employer contracts, and
other health and care employer agreements include provisions requiring disclosure of regulatory proceedings — including open investigations. Check your contract carefully, and take advice from your trade union representative before deciding.
Where an interim order is imposed, any conditions that include employer notification requirements must be complied with before returning to work. This is not optional — it is a condition of your registration, and
failure to comply is a breach of the order with serious consequences. The guide to HCPC conditions of practice covers notification obligations in detail.
The position for HCPC registrants working as locums or through agencies is the same as for employed registrants — absent an interim order, you can continue working. However, many NHS trusts, health boards, and
locum agencies conduct regular HCPC register checks. An interim order will appear on those checks and may result in removal from placement lists or prevention from taking up new bookings.
Most locum agencies also have their own disclosure requirements — check the terms of your agency agreement.
Non-disclosure of an HCPC investigation that is later discovered from a register check can result in immediate removal from agency lists and may itself become a conduct concern. Seek advice on the appropriate form of any disclosure before making it.
Where an interim order prevents practice, income protection becomes an immediate practical concern. Steps that can help:
Where an interim order permits some work, using the period productively — completing CPD, engaging in professional development, maintaining clinical knowledge —
provides both personal benefit and the evidence base for the review hearing. The remediation framework applies whether you are working or not.
Where conditions of practice or suspension have already been imposed — either as an interim measure or as a final outcome — the position is more complex. You must not work in any way that breaches the specific terms of the order.
Any uncertainty about what the conditions or suspension permit must be resolved with legal advice before taking up any work.
Working in breach of an HCPC order is a serious matter that can significantly worsen your overall regulatory position. The HCPC suspension guide covers the specific position for suspended registrants in detail.
UK-registered healthcare professionals can access professional ethics training through Healthcare Ethics Courses.
Professionals with connections to Ireland can consult ethics training in Ireland.
Those with connections to Canada can review professional development in Canada.
10 CPD-certified courses for £500. Whether you are working or not during an HCPC investigation, completing CPD from day one demonstrates genuine professional engagement at every subsequent stage.
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A temporary restriction imposed by the Fitness to Practise Committee before the investigation concludes — where immediate action is needed to protect the public. Interim orders can suspend practice entirely or impose conditions on how you practise.
Where there is a serious immediate risk to patients, a criminal investigation is ongoing, or the nature of the allegation is such that the public interest requires action before the investigation concludes. Most routine investigations do not result in interim orders.
Check your employment contract. Many NHS and health/care employer contracts require disclosure of regulatory proceedings. Take advice from your trade union before deciding. Where conditions include employer notification requirements, disclosure is mandatory before returning to work.
Yes — absent an interim order. However, locum agencies and NHS trusts conduct HCPC register checks. An interim order will appear on those checks. Check your agency contract's disclosure requirements and seek advice before making any disclosure.
Yes — working in any capacity requiring HCPC registration while subject to an interim suspension order is a criminal offence. Any uncertainty about what is permitted must be resolved with legal advice before taking up any work.
Trade union and professional body income protection; personal income protection insurance; employment contract sick pay provisions; and in some cases hardship funds. Explore permitted non-clinical work — teaching, supervision, management — during the suspension period.
The investigation itself does not appear on HCPC register checks — only formal orders (interim and final) are publicly recorded. An investigation being open does not prevent you from working.
Absent an interim order, there is no formal bar. However, new employers may conduct HCPC register checks and may discover the investigation through other means. Disclosure obligations under a new employment contract may also apply.
If you have genuine concerns about your own fitness to practise — health, competence, or otherwise — discuss these with your trade union representative and consider the HCPC's health support pathway. Identifying and addressing concerns proactively is always better than ignoring them.
HCPC registration covers England, Wales, Scotland, and Northern Ireland. Different regulatory bodies apply in other jurisdictions. The HCPC may share information about ongoing investigations with overseas regulators in some circumstances. Take legal advice before practising overseas during an open investigation.
Breach of conditions is a serious fitness to practise matter. The HCPC can act urgently, including applying for immediate interim suspension. Conditions must be read carefully and any uncertainty resolved with legal advice before working.
HCPC investigations do not automatically affect revalidation. Continuing engagement with CPD and professional development during the investigation period supports both the investigation and revalidation requirements simultaneously.
This guide is for educational purposes only and does not constitute legal advice. Seek independent legal advice from a solicitor experienced in HCPC regulatory proceedings.
