Registrant X

The Registrant argued that the HCPC had breached his right to a hearing within a reasonable time under Article 6(1) of the European Convention on Human Rights. The case against the Registrant had been ongoing since July 2014.

Having considered the evidence and submissions presented by the Registrant and the HCPC, the Panel determined that the delays in the progression of this case did breach the Registrant’s Article 6(1) right and that this should be reflected by a public acknowledgement of the breach.

The Panel determined that the delay arose through a series of failures and bad decisions on the part of the HCPC. It considered the history of the case reflected a lack of urgency on the part of the HCPC as a regulator and a lamentable series of avoidable failures and errors. The Panel considered that there was an overall lack of diligence on the part of the HCPC in the manner in which it dealt with the investigation of the referral.

The Panel was wholly satisfied that the manner in which the HCPC dealt with the Registrant’s case was disgraceful. The Panel further considered it was, at best, unfortunate that the HCPC sought to progress an argument that any delay was occasioned by the Registrant as the Panel considered no factual grounds existed for this line of argument.

Further, the Panel did not accept the HCPC’s submissions that the matter was complex or serious, and that these factors contributed to the delay.

The Panel was aware that with regard to the issue of any breach of the Registrant’s Article 6(1) rights it was not required to make a finding that the Registrant had suffered prejudice.

The Panel did not make any order that the final hearing should be expedited, given the need for various steps to be taken to ensure a fair hearing.

The panel issued the following direction:

1. Within 28 days the HCPC will issue a public acknowledgement that will reflect the Panel’s findings in this preliminary hearing of the breach of the Registrant’s EHCR Article 6 (1) rights, reflecting in particular the Panel’s findings at paragraphs 50 – 53 of this determination.

The HCPC publicly acknowledges the Panel’s finding that delays in the progression of the case against the Registrant breached his right to a hearing within a reasonable time under Article 6(1) of the European Convention on Human Rights.

The HCPC is sorry for the delay and regrets the impact of the delay on the Registrant and everyone else involved in this case.

History of Hearings for Registrant X