The first 10 steps to take when a patient makes an HCPC complaint against you, what not to do, how to protect your registration, and how to start building your response from day one
Finding out that a patient has made a complaint to the HCPC is one of the most stressful professional experiences any health or care professional can face. The actions you take in the first hours and days matter enormously. This guide tells you exactly what to do — and what not to do — from the moment you find out.
The first thing to understand is that an HCPC complaint is not a conviction. Many complaints do not result in any formal finding against the registrant. But the way you respond from the very beginning will significantly affect how the case develops. Taking the right steps immediately gives you the best possible position.
The worst thing you can do is ignore the situation, delay taking advice, or try to handle it alone. The HCPC fitness to practise process has defined timeframes — missing them, or responding without proper advice, can damage your position in ways that are difficult to recover from.
Understanding what fitness to practise means and what the process involves is the essential starting point.
Before you do anything else — before you respond to any letter, before you speak to your employer, before you contact anyone connected to the complaint — call your trade union representative, professional body, or specialist regulatory solicitor. Today. Not tomorrow.
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If you are a member of a trade union (Unison, Unite, the Chartered Society of Physiotherapy, the Royal College of Occupational Therapists, or any other relevant professional body), they provide regulatory support and representation as a membership benefit.
Contact them the moment you become aware of the complaint. If you are not a member of any union or professional body, contact a specialist regulatory solicitor directly.
Every statement you make — to the HCPC, to your employer, to colleagues, even informally — can become part of the evidence in the case.
Getting advice before making any statement protects you from inadvertently saying something that creates additional problems. The full HCPC investigation process is covered in detail separately.
However well-intentioned, contacting the patient who has made the complaint — to apologise, explain, or resolve the situation directly — is almost always a serious mistake.
It can be treated as an attempt to influence a complainant, can create additional conduct concerns, and can make your overall position significantly worse. Do not contact the patient without specific advice from your legal representative.
While the sequence of events is fresh in your memory, gather and preserve all documentation relevant to the complaint: clinical records from the relevant period, any correspondence with the patient or their family, incident reports or significant event documentation, supervision records, and
any other relevant clinical or administrative records. Do not alter, delete, or amend any records — doing so is a serious additional conduct concern that can result in a far worse outcome than the original complaint.
Secure copies of relevant records in a safe place. Your employer may also need to be involved in this process — follow their guidance, but ensure you retain your own copies where you are entitled to do so.
While it is fresh, write a detailed account of what happened — for your legal representative's eyes only, clearly marked as such. This is not a statement to the HCPC.
It is a private aide-memoire that allows your legal representative to understand the full picture and advise you properly. Include everything you remember — even details that seem minor or unhelpful. Your legal representative needs the complete picture, not a curated version.
Whether and when to tell your employer about an HCPC complaint depends on your employment contract and the specific nature of the complaint. Many NHS contracts include provisions requiring disclosure of regulatory proceedings.
Your trade union representative can advise on the specific obligations in your contract. Do not disclose to your employer without taking advice first — but equally, do not deliberately conceal something you are contractually required to disclose.
This is the step that many registrants delay — and it is one of the most consequential decisions in the early stages of an HCPC complaint. Starting CPD that directly addresses the area of concern —
HCPC-specific ethics, the relevant professional standard, clinical competence in the relevant area — from day one demonstrates genuine professional engagement from the outset.
CPD completed in the first days and weeks after a complaint is received carries far more weight in any subsequent proceedings than CPD completed in the final weeks before a hearing.
It signals that you took the concern seriously from the beginning, not that you responded to regulatory pressure at the last minute. The guide to demonstrating remediation to your regulator explains exactly how CPD evidence is assessed and how to maximise its impact.
The natural instinct when something goes wrong professionally is to talk it through with trusted colleagues. In the context of an HCPC complaint, this instinct must be firmly resisted.
Colleagues who are aware of the complaint may be asked to provide statements. Anything you say about the case to colleagues can become relevant evidence. Discuss the substance of the complaint only with your legal representative.
The HCPC will send you a formal allegation letter giving you typically 28 days to respond. Do not draft or submit this response without professional advice and review. The response is the first formal document in the case file —
errors, admissions, or inconsistencies at this stage can have lasting consequences. The guide to the HCPC case examiner stage shows why the quality of the initial response matters so much.
An HCPC complaint is a significant stressor. The BMA Doctors for Doctors service and equivalent support through professional bodies provide confidential pastoral support. The Practitioner Health Programme offers confidential health support specifically for healthcare professionals.
Seeking support is not a sign of weakness — it is a sign of the self-awareness that the HCPC itself values in registrants. And maintaining your own wellbeing during a regulatory process is a prerequisite for engaging with it effectively.
UK-registered healthcare professionals can access professional ethics training through Healthcare Ethics Courses.
Professionals with connections to Australia can consult ethics training in Australia.
Those with connections to New Zealand can review professional development in New Zealand.
10 CPD-certified courses for £500. CPD started on day one of an HCPC complaint is the strongest possible signal of genuine professional engagement — and the most persuasive evidence you can build.
Bulk Buy 10 Courses →Contact your trade union, professional body, or specialist regulatory solicitor immediately — before responding to the HCPC, before speaking to your employer, and before contacting anyone connected to the complaint. Getting advice before taking any action is the single most important first step.
No — in almost all circumstances. Contacting the complainant without specific legal advice can be treated as an attempt to influence them, can create additional conduct concerns, and can significantly worsen your overall position. Do not contact the patient without your legal representative's specific advice.
It depends on your employment contract. Many NHS and other health service contracts require disclosure of regulatory proceedings. Your trade union representative can advise on your specific contractual obligations. Do not disclose without advice — but also do not deliberately conceal something you are required to disclose.
Absolutely not. Altering, deleting, or amending any records after a complaint is received is a serious additional conduct concern that can result in a far worse outcome than the original complaint. Preserve all records exactly as they are.
Typically 28 days. Do not draft or submit the response without professional advice and review. The response is the first formal document in the case file — its quality has lasting consequences for the case.
Yes — immediately. CPD completed from the first days of a complaint carries far more weight than CPD completed in the final weeks before a hearing. It demonstrates genuine professional engagement rather than a strategic response to regulatory pressure.
Yes — absent an interim order. An HCPC complaint does not restrict your registration. You can continue working unless and until a formal interim order is imposed through a separate process.
Many complaints involve genuinely disputed facts. Your legal representative can advise on how to challenge specific allegations. But even where you believe the complaint is unfair, taking all the recommended steps — legal advice, CPD, careful record management — is important regardless.
Variable — from several months to over a year for complex cases. During this period, actively building remediation evidence and continuing to engage proactively with professional development is the most productive use of the investigation period.
Trade union membership typically covers regulatory representation as a standard benefit. Professional body membership may also provide legal support. If you are not a member of any such body, specialist regulatory solicitor costs must be met personally — but the investment is proportionate to the stakes involved.
Delaying — waiting to see if the HCPC follows up before taking advice, or waiting until they receive a formal letter before contacting their trade union. By the time a formal letter arrives, decisions that could have been made proactively must be made reactively.
No. Many complaints do not meet the investigation threshold and are closed at initial assessment without formal investigation. However, you typically will not know whether your case has been closed at this stage unless notified.
The PHP provides confidential health support specifically for healthcare professionals — including HCPC registrants — experiencing physical or mental health difficulties. It is separate from regulatory proceedings and is not reported to the HCPC.
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.
