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Professional Misconduct: Allegations, Referrals and Investigations by UK Healthcare Regulators

An allegation of misconduct reaches a UK healthcare professional as a referral to their regulator: the GMC, NMC, GDC, GPhC, HCPC, GOC, GCC, GOsC or Social Work England. The regulator investigates; case examiners decide whether to close the case, issue a warning, agree undertakings or refer it to a hearing; and a panel or tribunal decides whether the facts amount to misconduct and whether fitness to practise is impaired. This hub explains each step and links to our guides and courses.

Facing an allegation of misconduct?

A complaint, an employer’s disciplinary investigation, a referral to your regulator, an interim order, or a hearing. You need to respond, show insight and build evidence of change.

Planning CPD?

Courses on professionalism, probity and boundaries, with a certificate and a reflection for your CPD record, appraisal or revalidation.

Allegation of misconduct and misconduct referral

A concern about a registered professional can come from a patient, a relative, a colleague, an employer, the police or another organisation. In the UK it reaches the regulator as a referral or a concern; some regulators also ask professionals to tell them about certain events themselves. A misconduct referral is one about conduct: boundaries, honesty, behaviour towards others, or compliance with conditions, as against one about health or clinical performance.

An allegation is not a finding. Read what fitness to practise means, a GMC referral, an NMC referral and what to do if your employer refers you to the NMC.

The misconduct investigation

The regulator first decides whether the concern needs investigating. If it does, it writes to you to say what is being investigated, collects records and statements, and can seek an opinion from an expert in your field. You are invited to respond in writing. Take advice from your defence organisation or union first.

At the end of the investigation, case examiners (at the GMC, two senior decision makers, one medical and one non-medical) decide whether to close the case, issue a warning, agree undertakings with you, or refer the case to a hearing. See the GMC case examiners, the NMC case examiners, the NMC investigation process and the HCPC investigation process.

What professional misconduct means

UK law and the regulators’ rules list the grounds on which a professional’s fitness to practise can be found impaired. For doctors, the Medical Act 1983 (section 35C) lists misconduct, deficient professional performance, a conviction or caution, adverse physical or mental health, a decision by another regulatory body, and not having the necessary knowledge of English. The other regulators’ laws follow a similar pattern. The General Chiropractic Council and the General Osteopathic Council use the term unacceptable professional conduct.

Misconduct is conduct that falls seriously short of what is proper in the circumstances, judged against the standards of the profession. A panel decides first whether the facts found amount to misconduct, then whether fitness to practise is impaired today. See misconduct in healthcare, nursing misconduct and professional misconduct of doctors.

Interim orders

Where a concern is serious, a tribunal or panel can make an interim order while the investigation continues: suspension, or conditions such as supervision or a chaperone. It is not a finding that the allegation is true. See interim orders explained, the GMC interim order guide and NMC interim orders.

Hearings and outcomes

At a hearing, the panel or tribunal decides the facts, whether they amount to misconduct, whether fitness to practise is impaired, and the sanction. Outcomes range from no action and a warning or caution, through conditions or suspension, to removal from the register (erasure or striking off). Each regulator publishes its own sanctions guidance. See how to prepare for a fitness to practise hearing, an MPTS hearing, GMC sanctions, NMC sanctions and HCPC sanctions.

An employer’s misconduct investigation

A hospital, a practice or an agency can run its own disciplinary misconduct investigation under its policies, up to a finding of gross misconduct and dismissal. That process is separate from the regulator’s, but the employer can refer you to your regulator, and the two can run side by side. See an NHS employer referral to the GMC. Seek advice from your union, defence organisation or a lawyer before you answer either process.

Responding to an allegation

  1. Get advice first. Contact your defence organisation, union or legal representative before you reply.
  2. Collect the facts. Records, rotas, messages and the names of anyone present; write a timeline while your memory is clear.
  3. Answer each point. A factual response, without blaming others.
  4. Show insight. What happened, why, the effect on others, and what you have changed. See what insight means.
  5. Complete remediation that matches the concern. Keep the certificates and your reflection together. See how to demonstrate remediation.

Guides by regulator

Guides in this hub

Courses

Each course is online, at your own pace, with a certificate on completion, and CPD certified by The CPD Certification Service (provider no. 13197). They serve a professional responding to a complaint, a referral or conditions, and a professional planning CPD.

Any 3 courses for £200, 5 for £300, 10 for £500. See the Bulk Buy offer.

Not sure which course fits the concern raised? Book a free 15-minute Zoom call with Dr Shehzad Iqbal, or use which course do I need.

For boundaries concerns, see our Professional Boundaries hub.

Please note

No course can guarantee the outcome of a complaint, investigation or hearing, and each regulator decides each case on its facts. This page is general information, not legal advice.

Frequently asked questions

What is an allegation of misconduct?

It is a concern, raised by a patient, a colleague, an employer or another person, that a professional’s conduct has fallen below the standard expected. An allegation is not a finding: the regulator investigates, and a panel or tribunal decides what happened and whether fitness to practise is impaired.

What is a misconduct referral to a UK regulator?

It is a concern about conduct sent to the regulator, such as the GMC, NMC, GDC, GPhC or HCPC, by a patient, a colleague, an employer or the police, or reported by the professional. In the UK it is called a referral or a concern rather than a notification.

What happens in a misconduct investigation?

The regulator writes to you to say what is being investigated, collects records and statements, and can seek an expert opinion. You are invited to respond. Case examiners then decide whether to close the case, issue a warning, agree undertakings or refer it to a hearing.

What does professional misconduct mean in the UK?

Misconduct is one of the grounds on which a professional’s fitness to practise can be found impaired. For doctors, the Medical Act 1983 lists misconduct alongside deficient professional performance, a conviction, adverse health and other grounds. The courts have described it as conduct that falls seriously short of what is proper. The chiropractic and osteopathic regulators use the term unacceptable professional conduct.

Is misconduct the same as impaired fitness to practise?

No. A panel first decides whether the facts amount to misconduct, then whether your fitness to practise is impaired today. Insight, remediation and the risk of repetition weigh in that second question, which is where your reflection and evidence of change matter.

Can I be suspended before an investigation ends?

Yes. A tribunal or panel can make an interim order of suspension or conditions if it decides that is needed to protect the public, is in the public interest or is in your own interest. You are given the chance to respond before it decides.

Is an employer’s disciplinary investigation the same as the regulator’s?

No. An employer’s investigation follows its own policy and can end in a warning or dismissal. The employer can also refer you to your regulator. The two can run at the same time, and what you say in one can be seen in the other.

How can courses help with an allegation of misconduct?

Decision makers look for insight, reflection and remediation. A course that matches the concern raised, completed and reflected on, is evidence of remediation. Our courses are £79 (£50 with Bulk Buy 10), 2 CPD hours each, and also count as CPD.

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