HCPC · Fitness to Practise Guide
A Patient Has Complained to the HCPC: What You Should Do Next
Finding out that a patient has complained to the HCPC is a worrying moment for any paramedic, physiotherapist, occupational therapist, radiographer or other registered professional. This guide explains what happens once someone has complained to the HCPC, how the investigation process works, and what a registrant can do to respond well, using the HCPC's own published guidance.
It is written from a regulatory viewpoint, not a clinical one. It looks at professionalism, ethics, honesty and insight, and at how a registrant's response, once someone has complained to the HCPC, can shape what happens next.
What is the role of the Health and Care Professions Council (HCPC)?
The HCPC is the statutory regulator for 15 health and care professions in the UK, including paramedics, physiotherapists, occupational therapists, radiographers, dietitians and practitioner psychologists. Its purpose is to protect the public. It sets standards, approves education and training, keeps the Register and investigates fitness to practise concerns, as it explains in how we work. That investigative role is why a registrant who has been complained to the HCPC will hear from it directly.
What Happens When Someone Has Complained to the HCPC?
Anyone can raise a concern about a registrant, including service users, members of the public, employers and colleagues. Once someone has complained to the HCPC, the case is allocated a case manager who manages the case throughout and acts as the contact for everyone involved.
The HCPC says it does not take sides during an investigation. Once a patient has complained to the HCPC, it also needs to tell the registrant who raised the concern and to share the information it holds, so that the registrant can respond. It is not usually able to take forward a concern that is raised anonymously.
What are the steps involved in the HCPC investigation process?
When a patient has complained to the HCPC, the case moves through the following stages. The timescales are the HCPC's aims, and each case can take longer or shorter.
| Stage | HCPC aim | What happens |
|---|---|---|
| 1. Concern received and triage | Early weeks | The HCPC decides whether the concern is within its remit |
| 2. Initial investigation | Varies | Information is gathered, and the employer may be told |
| 3. Threshold assessment | Varies | Does the concern amount to an allegation that fitness to practise may be impaired? |
| 4. Investigating Committee | Within 8 months of receipt | A panel decides, in private, whether there is a case to answer |
| 5. Final hearing | Within 9 months of that decision | A panel decides the facts, impairment and any sanction |
The HCPC explains each stage in what our investigation would involve. Key points from that guidance:
- The HCPC will usually tell you when it has begun an investigation, though in rare cases it cannot do so until later.
- Some concerns, such as serious violence, sexual offences or serious or sustained dishonesty, go straight to the Investigating Committee without an initial investigation.
- If the threshold is not met after someone has complained to the HCPC, the case is closed and no further action is taken.
- The Investigating Committee does not decide whether the allegation is proved. It decides whether there is a case to answer.
- If there is a case to answer, the case goes to a final hearing before the Conduct and Competence Committee, or the Health Committee where the allegation concerns the registrant's health.
At every stage the HCPC can apply for an interim order, which can place conditions on practice or stop a registrant practising until the case is concluded.
What to Do First When a Patient Has Complained to the HCPC
The HCPC's guidance on what to do if a concern has been raised about you is clear that how you respond is an important factor in a panel's assessment of impairment. The practical steps are:
- Contact your union or professional body if you are a member, or seek independent legal advice, before you respond.
- Keep your contact details up to date in your online account so that you receive every letter.
- Respond in writing within 28 days, or ask for more time. The maximum extension the HCPC can grant is a further 28 days.
- Include a timeline of events, any learning from them and any actions you have taken to put things right.
- Appoint a representative if you wish, such as a union adviser, a legal adviser or a family member.
- Look after your own wellbeing, and use support organisations such as the Samaritans if you need emotional support.
When someone has complained to the HCPC, you are not obliged to provide information if you do not want to, and you do not have to send a response. However, a response helps the Investigating Committee. The HCPC will not give your response to the person who complained, though it may ask them questions arising from it.
Showing Insight and Professionalism After Someone Has Complained to the HCPC
Insight is what separates a registrant who has learned from a concern from one who has not. Registrants are expected to meet the HCPC's standards of conduct, performance and ethics, which the HCPC revised with effect from 1 September 2024, and the HCPC's announcement of the revised standards explains what changed. Honesty, openness when things go wrong and reflective practice sit at the centre of a good response. If you want to build your understanding of ethics and professionalism, you can browse our CPD certified and accredited courses by regulator, which include ethics and professionalism training for healthcare professionals.
Some cases are resolved by agreement rather than a contested hearing. Our guide to HCPC agreed outcomes explains how this works and what a registrant needs to demonstrate.
What Can Happen If the Case Goes Further?
If a final hearing finds that a registrant's fitness to practise is impaired, the panel can impose a caution order, a conditions of practice order, a suspension order or a striking-off order. Panels consider these in ascending order and choose the least restrictive sanction that protects the public and public confidence.
Not every case in which a patient has complained to the HCPC reaches this stage, but understanding the most serious outcome helps you appreciate why early engagement matters. Our guide to HCPC striking off explains when it is used and what happens afterwards.
Conclusion
Discovering that a patient has complained to the HCPC can feel overwhelming, but the process is structured, staged and designed to be fair. For a registrant whose patient has complained to the HCPC, knowing the role of the HCPC, the stages of the investigation process and what a good response looks like gives a far stronger footing. If you are supporting a whole team with CPD on professionalism and ethics, ask about our bulk-buy offer and start building your evidence today.
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
When a patient complains, what should you do?
Stay calm, take advice from your union, professional body or a regulatory solicitor, and be honest and open about what happened. If someone has complained to the HCPC about you, respond within 28 days with a clear timeline, any learning and the steps you have taken, and keep your contact details up to date.
What is the best way to file a complaint against a doctor?
Doctors are regulated by the General Medical Council, not the HCPC. A concern about a doctor is raised through the GMC, and its raise a concern page explains how. A concern about an HCPC-registered professional is raised with the HCPC, and the same fitness to practise process applies once someone has complained to the HCPC.
Do I have to respond if someone has complained to the HCPC about me?
No, you are not obliged to respond. But a response helps the Investigating Committee make its decision, and how you respond is an important factor in a panel's assessment of impairment. You have 28 days and can ask for up to a further 28 days.
Can I keep working after a patient has complained to the HCPC?
Usually, yes. You can continue to practise during an investigation unless the HCPC has imposed an interim order, which can restrict your practice or prevent you practising altogether. You cannot remove yourself from the Register while an investigation is under way.
Will the patient see my response to the HCPC?
No. After a patient has complained to the HCPC, the regulator does not give your response to the person who raised the concern, although it may ask them questions arising from what you say. All of the information is put before the Investigating Committee for its consideration.
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, your professional body or your union.
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.
