29.8Vulnerable adults who are concerned about the conduct of a professional in the health or social care field may raise their concern directly with the relevant regulatory body for investigation (as well, of course, as with the police or other relevant public agencies).

29.9A complaint may result in the professional undergoing a ‘fitness to practice’ hearing, which is usually a public hearing, of a judicial nature, before the professional body’s ‘fitness to practice’ panel.

29.10In England, the regulation of health and social care professionals is, in the main, undertaken by the Health and Care Professions Council: they currently regulate arts therapists, biomedical scientists, chiropodists/ podiatrists, clinical scientists, dietitians, hearing aid dispensers, occupational therapists, operating department practitioners, orthoptists, paramedics, physiotherapists, practitioner psychologists, prosthetists/ orthotists, radiographers, social workers in England1In Wales, social care professionals are regulated by the Care Council for Wales, whose website is here: http://www.ccwales.org.uk/?force=1.and speech and language therapists.

29.11The Health and Care Professions Council (HCPC)2www.hcpc-uk.org.operates under the Health and Social Work Professions Order 20013http://www.hcpc-uk.org/Assets/documents/10004784HCPC-ConsolidatedHealthandSocialWorkProfessionsOrder(July2014).pdf.(made under section 60 of the Health Act 1999) and the Health Professions Council (Constitution Order) 2009. The 2001 Order contains detailed provision about, inter alia, registration and ‘fitness to practice’ hearings.

29.12There are a number of other regulatory bodies for particular categories of health and social care professionals (see below): all of which, including the HCPC, are themselves overseen by the Professional Standards Authority.4www.professionalstandards.org.uk/about-us.The other professional regulatory bodies are as follows:

29.14Regulation of health and care professionals is a devolved matter in Northern Ireland, and in Scotland it is devolved for health professionals brought into regulation since Scottish devolution (these are: operating department practitioners and practitioner psychologists regulated by the HCPC; dental nurses, dental technicians, clinical dental technicians and orthodontic therapists regulated by the GDC and pharmacy technicians regulated by the GPhC). The general position is that the jurisdiction of the regulatory bodies in respect of health professionals is UK-wide. The exception to this is the GPhC which covers Great Britain and the PSNI which covers Northern Ireland. The regulation of social care professionals falls within the legislative competence of each country.

29.15It is estimated there are approximately 200 pieces of secondary legislation, which specifically address the regulatory bodies or professional regulation in general. This has led to the current legal framework becoming complex, inflexible, inconsistent and expensive to maintain. Accordingly, there is a need for reform, which has been recognised by the regulatory bodies as well as the Government. There has been a tripartite project between the Law Commission, the Scottish Law Commission and the Northern Ireland Law Commission resulting in the publication, in April 2014, of Regulation of Health Care Professionals, Regulations of Social Care Professionals in England: a Joint Report15www.lawcom.gov.uk/document/regulation-of-health-care-professionals-regulation-of-social-care-professionals-in-england/.and the government’s response in January 2015.16www.gov.uk/government/uploads/system/uploads/attachment_data/file/420119/46547_Cm_8995_print_ready.pdf.There is, also, a very useful paper by Tim Spencer-Lane of the Law Commission, entitled Safeguarding the Public by Regulating Health and Social Care Professionals.17www.emeraldinsight.com/doi/abs/10.1108/JAP-06-2013-0024.This has resulted in the Children and Social Work Bill 2016-2017, which aims to set up Social Work England as a Non-Departmental Public Body under a duty to maintain a register of social work professionals; set social work education, training and professional standards; and determine an individual social worker’s fitness to practice.18http://researchbriefings.parliament.uk/ResearchBriefing/Summary/CBP-7802.

29.16Onward appeals from decisions made by professional regulatory bodies, such as the HCPC and the GMC are in general to the High Court in England and Wales, the Court of Session in Scotland and the High Court of Northern Ireland.19In relation to the HCPC see www.hpc-uk.org/complaints/hearings/afterthehearing/ and see in relation to GMC www.gmc-uk.org/Appeals___Registration_appeals_factsheet___DC2861.pdf_49293478.pdf.