What is remediation?

In the context of fitness to practise, remediation refers to the process by which a professional—often in a healthcare or related regulated field—takes deliberate, demonstrable steps to address concerns that have been raised about their conduct, performance, behaviour, or health. In essence, it’s not merely an apology or a fleeting fix; it’s a structured, reflective, and corrective journey toward ensuring that any previous deficiencies are adequately rectified so that safe and effective practice can be restored.

Why remediation is crucial

Remediation is a cornerstone of the fitness to practise framework because it helps balance the need to protect public safety and maintain trust in the profession with the understanding that professionals are capable of learning from their mistakes. Rather than serving as a punitive measure on its own, it offers a pathway for improvement, ensuring that the professional can eventually return to safe, independent practice if they successfully address the issues that arose.

Recent case studies

• General Dental Council close case with no further action – The General Dental Council (GDC) has closed its investigation into A’s fitness to practise with no further action, following an extended case involving multiple allegations of competence and probity. Key to this outcome was A’s proactive approach to remediation, which involved an extensive period of reflection and corrective actions. By engaging early with legal representation and consistently demonstrating insight into the concerns raised, A was able to show meaningful remediation.
• Successful GMC restoration for our client –  Our client, IB, was successful on their first attempt seeking restoration to the General Medical Council’s (GMC) register.  Their application was opposed by the GMC.  The reason our client’s restoration application was successful is that they made enquiries very soon after they were erased and put in place a 5-year plan of remediation.  They sought our expert advice and worked across a number of years to ensure they have fully remediated their past conduct.
• NMC finds no misconduct for our client – Our client, F, faced fitness to practise proceedings before the NMC dating back to 2018.  There were allegations across 3 incidents.  An important factor in F’s case was that they had acted professionally and had undertaken solid steps to remediate. As a result, this matter concluded with a finding of no misconduct.

Early engagement with legal advice and representation

As these case studies demonstrate, remediation processes can often take a significant amount of time to be fully implemented and evidenced, which points to the importance of seeking legal advice and representation at the earliest possible opportunity.

Remediation takes time due to several factors, starting with the complexity and scope of the issue being addressed. Some problems require extensive research, detailed analysis, and comprehensive interventions to ensure they are fully resolved.

Additionally, remediation is a multistep process that involves self-assessment, learning from mistakes, developing improvement strategies, and successfully implementing them. A crucial aspect of remediation is demonstrating change—identifying the issue alone is not enough; there must be clear evidence that meaningful improvements have been made, and that underlying concerns have been properly addressed.

Unique and practical courses focusing on impairment, reflection, insight, and remediation at highly competitive prices.

The Human Implications of Interim Orders

For healthcare professionals, the imposition of an interim order can be both disruptive and deeply personal. The impact extends beyond immediate clinical restrictions:

• Professional Impact: Interim orders can restrict a practitioner’s ability to work, halting or reducing patient contact and affecting clinical decision-making. Over time, this limited practise might hinder professional growth, reduce opportunities for learning, and alter perceptions among peers and employers.
• Financial Consequences: A restriction on practise directly influences income streams. Whether it’s a full halt or a constrained practise model, the resulting financial strain can be significant, particularly if the investigation—and any subsequent processes—extends over an extended period – which it invariably always does, in many cases lasting years not months.
• Reputational Damage: The very act of imposing an interim order can signal to both colleagues and patients that something may be amiss. Even if a practitioner is ultimately exonerated or allowed to resume full duties, the period during which the order is in place can leave a lasting impression on professional reputations. This stigma, whether justified or not, can affect career progression and trust within the community.
• Emotional and Psychological Toll: Beyond the tangible professional and financial implications lies a more nuanced personal impact. The stress, anxiety, and potential isolation that can result from public regulatory scrutiny are real challenges. Healthcare professionals often find themselves not only defending their competence, but also grappling with the broader emotional ramifications of these regulatory processes.

Paths to Review and Appeal

Recognising the potentially profound impact of interim orders, regulatory bodies offer clear avenues for review and appeal to maintain a balance between public safety and individual rights.

Review

A healthcare professional has the right to request an early or interim review of an imposed order at any point during the investigation. This mechanism is particularly beneficial if circumstances have changed or new evidence emerges that could mitigate the original concerns. The review process is designed to ensure that the restrictions remain both necessary and proportionate to the ongoing level of risk. It is a dynamic process that acknowledges that the situation on the ground can change as more information is uncovered.

Appeal

In addition to a review, the decision to impose an interim order is subject to appeal. Typically, appeals are directed to a higher judicial authority, such as the High Court in England and Wales or the Court of Session in Scotland. Through the appeal process, professionals have the opportunity to contest the rationale behind the order, present additional evidence, and argue for a reconsideration of the initially imposed measures. This ensures that the decision-making process remains transparent and just, safeguarding the rights of the professional while upholding the overarching duty to protect patient safety.

When things go wrong, we are here when you need us

Kings View Chambers has over 30 years’ combined experience representing heath and care professionals at all levels.  We are a leading fitness to practise defence chambers that have a proud record of consistently achieving excellent outcomes for our clients.

Kings View Chambers are rated excellent by its clients.  As public access barristers, you can instruct us directly without having the additional expense of hiring a solicitor.

It is a well-established fact that healthcare professionals who seek legal advice and representation at an early stage in any fitness to practise process, generally, receive better outcomes and lesser sanctions, if any.  We can advise on the right strategy to take and represent you before a fitness to practise hearing.

Disclaimer: This article is for guidance purposes only. Kings View Chambers accepts no responsibility or liability whatsoever for any action taken, or not taken, in relation to this article. You should seek the appropriate legal advice having regard to your own particular circumstances.