HCPC · Investigation Guide
Work During an HCPC Investigation: Rules for HCPC Registrants
Few questions worry an allied health professional more than whether they can still work during an HCPC investigation. In most cases the answer is yes, but there are important limits, and the rules about who must be told and what can restrict you are easy to get wrong.
This guide explains when you can work during an HCPC investigation, how interim orders change that, what you must tell the HCPC and your employer, and how to protect your position while the case is ongoing.
Can you work during an HCPC investigation?
Yes, in most cases. The HCPC says registrants can continue to practise while it investigates, unless it has imposed an interim order on their registration. The HCPC explains this in its guidance on supporting an employee through the fitness to practise process.
Your ability to work during an HCPC investigation therefore depends on whether an order is in place, as the table below shows.
| Situation | Can you work? | What it means |
|---|---|---|
| No interim order | Yes | You can work during an HCPC investigation without restriction |
| Interim conditions of practice | Yes, with limits | You work subject to restrictions, such as supervision |
| Interim suspension order | No | You cannot practise until the order is lifted |
| Employer's own decision | Depends | An employer can restrict or suspend you separately |
What are the steps involved in the HCPC investigation process?
Knowing the steps involved helps you plan how to work during an HCPC investigation. Our full HCPC investigation process guide covers each stage in detail, and the main steps are below.
- Concern received: the HCPC logs the concern, assigns a case manager and decides whether it meets the threshold for a fitness to practise investigation.
- Investigation: you are told about the concern, invited to respond, and the HCPC gathers evidence such as records and witness statements.
- Investigating Committee Panel: a panel considers the papers in private and decides whether there is a case to answer.
- Final hearing: if there is a case to answer, a panel decides the facts and whether your fitness to practise is impaired.
- Outcome: sanctions range from a caution order to conditions of practice, suspension or striking off, and an interim order can be sought at any stage.
When an interim order stops you working during an HCPC investigation
An interim order protects the public while a case is ongoing. The HCPC's guidance on interim orders says an order is only required where concerns are so serious that public safety or the public interest would be at risk if you practised without restriction. In most cases no order is needed, so you can work during an HCPC investigation as normal.
If the HCPC applies for an order, a panel can make no order, impose interim conditions of practice or impose interim suspension. An order can last up to 18 months, and the HCPC must apply to the High Court to extend it, which the court can do for a further 12 months. You will normally receive seven days' notice of the hearing, and you can apply for an early review. Until a panel decides otherwise, you can work during an HCPC investigation, so always check the exact wording of any order.
Allied health professionals facing a concern can show insight while they work during an HCPC investigation by completing certified courses written for HCPC-regulated professionals, which help evidence reflection and learning early in the process.
What you must tell the HCPC and your employer
The HCPC's standards of conduct, performance and ethics set clear duties for anyone who wants to work during an HCPC investigation. Under standard 9.5 you must tell the HCPC as soon as possible if you have had any restriction placed on your practice, or been suspended or dismissed by an employer, because of concerns about your conduct or competence. Standard 9.6 requires you to co-operate with any investigation.
Fitness to practise cases are private, but the HCPC will tell an employer if it is investigating one of its employees. If you work during an HCPC investigation, your employer may therefore hear about the case from the HCPC, so taking advice on how and when to speak to them is sensible.
How to protect your position while you work during an HCPC investigation
What you do while the case is open can shape how it ends. If you work during an HCPC investigation, these steps help:
- Respond to the HCPC on time and keep a copy of everything you send
- Keep to your standards of conduct, performance and ethics at work every day
- Reflect honestly on what happened and what you have changed
- Keep your CPD up to date and record it carefully
- Take advice from your professional body, union or a regulatory solicitor
If you need structured help responding to the HCPC and showing what you have learnt, our course on dealing with a complaint or investigation is written for registrants of all UK regulators, including the HCPC.
Employers and services supporting several colleagues through a regulatory concern can review our bulk-buy offer for group access.
Conclusion
For most HCPC registrants the answer is reassuring: you can work during an HCPC investigation unless an interim order says otherwise. Understanding when an order is made, and what that means for your ability to work during an HCPC investigation, what you must report and how the process unfolds lets you keep practising safely and focus on your response. If you are in this position, start building your evidence now with our CPD certified and accredited remediation courses for healthcare professionals.
Key Takeaways
- Which course should I take for an HCPC complaint or investigation? Match the course to the allegation — Which course do I need? lists them by concern; for HCPC registrants, the HCPC ethics and HCPC professionalism courses follow the HCPC standards of conduct, performance and ethics.
- Will a course help my HCPC investigation? A course is evidence of insight and remediation, which the HCPC case examiners or Investigating Committee look for — strongest with a written reflection and changes in your practice. No course can guarantee an outcome.
- When should I send the certificate and reflection to the HCPC? With your written response, before the HCPC case examiners or Investigating Committee decide — or before an HCPC final hearing or a review if the case has gone further.
- Can I finish the course before my deadline, and is it CPD accredited? Yes — it is online and self-paced with a certificate on completion, and CPD certified and accredited by The CPD Certification Service, counting towards your HCPC CPD record.
Frequently Asked Questions
What are the HCPC guidelines?
The HCPC's main guidelines are its standards of conduct, performance and ethics, effective from 1 September 2024, and the standards of proficiency for each profession. Registrants must also meet the HCPC's CPD standards. These are the standards used if a concern is raised, including if you work during an HCPC investigation.
Do I have to tell my employer about an HCPC investigation?
Standard 9.5 requires you to tell the HCPC if an employer restricts or suspends you. There is no blanket rule in the standards about informing an employer of an investigation, but some contracts require disclosure, so take advice before deciding how to approach it if you work during an HCPC investigation.
How long can an HCPC interim order last?
An interim order can be imposed for a maximum of 18 months. If the HCPC has not finished its proceedings by then, it must apply to the High Court, which can extend the order for a further 12 months. Orders are reviewed regularly, so your right to work during an HCPC investigation can change.
Can I remove myself from the register during an HCPC investigation?
No. The HCPC says you cannot remove yourself from the Register while fitness to practise proceedings are outstanding against you. Most registrants who wish to continue in their profession work during an HCPC investigation instead.
Will my employer be told about the HCPC investigation?
The HCPC tells an employer if it is investigating one of its employees and updates them on progress and outcome. It does not publicise the investigation, because fitness to practise cases are private, but a monthly alerts list shows interim orders, case to answer decisions and hearing outcomes.
This guide is for general information and educational purposes only and does not constitute legal advice. For advice specific to your situation, contact a specialist regulatory solicitor or your medical defence organisation.
The CPD courses linked from this guide, How to Deal with a Complaint or Investigation, Module on Insight and Professionalism and Professional Standards for HCPC Regulated Health & Care Professionals, are by Probity & Ethics, written by Dr Shehzad Iqbal, CPD certified and accredited by The CPD Certification Service (provider no. 13197) and offered since 2020.
