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  6. Process of decision making at an AT review hearing
  7. Text alternative process of decision making at an AT review hearing

Text alternative: process of decision making at an AT review hearing

1. Impairment: decide if the PA or AA’s fitness to practise remains impaired

  • Follow steps 1a and 1b
  • Decide if the PA or AA poses any current and ongoing risk to public protection and if their fitness to practise remains impaired
  • If impaired, decide which parts of public protection are engaged, and why
  • Give reasons for decision

1a. Consider what has happened since the previous decision on risk

  • What was the previous assessment of risk and reasons given for it?
  • What new evidence has been received since the previous assessment of risk and what impact does it have?
  • What evidence is there of insight and is the PA or AA’s insight genuine?
  • What evidence is there relating to remediation and has the allegation been remedied or is it still likely to be repeated?
  • Has the PA or AA kept their knowledge and skills up to date?
  • Has the risk to public protection that previously required restrictive action in response changed and if so, how?

1b. Make a finding on impairment

  • On the basis of the conclusions reached in step 1a, decide if the PA or AA poses any current and ongoing risk to public protection and make a finding on impairment
  • If there is no current and ongoing risk to public protection requiring restrictive action in response, make a finding of no impairment
  • If the PA or AA continues to pose a current and ongoing risk to public protection requiring restrictive action in response, make a finding of impairment, decide which parts of public protection are engaged and state the level of risk (low, medium, high)
  • Give reasons for decision

2. Final measure: decide what action to take, if any

  • If impaired, consider what final measure is proportionate i.e. is needed but no more than necessary to protect the public
  • Review decision on impairment and consider the level of current and ongoing risk the PA or AA poses to public protection
  • Refer to final measure bandings (where available) if required to assist understanding of the final measure imposed
  • Consider whether there is relevant evidence relating to the impact a certain type of final measure will have and / or relevant references and testimonials and what impact, if any, they have
  • Decide on the type and length of final measure - stand back and check if it is proportionate to meet the level of current and ongoing risk posed to public protection
  • Consider directing a review and whether the final measure should take effect immediately
  • Give reasons for decisions
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