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  6. Step 1b - make a finding on impairment
Associates tribunal hearings

Step 1b: make a finding on impairment

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Text alternative: step 1b: make a finding on impairment

  1. On the basis of their conclusions to the questions in step 1a, the associates tribunal (AT) should decide if the PA or AA continues to pose a current and ongoing risk to public protection requiring restrictive action in response and make a finding on impairment.  

  2. If there is more than one legal basis for considering the PA or AA’s fitness to practise an assessment of current and ongoing risk should have been made in respect of each of them to inform the AT’s decision on impairment.  

  3. Where the AT has concluded the current and ongoing risk posed by the PA or AA has decreased, the AT may consider that the PA or AA:  
    • no longer poses any current and ongoing risk to public protection requiring restrictive action in response, or  
    • despite the risk to one or more parts of public protection having decreased, the PA or AA continues to pose a current and ongoing risk to public protection requiring restrictive action in response. 
  1. In cases where the AT has concluded the risk has not materially changed or has increased, this means the PA or AA will continue to pose a current and ongoing risk to public protection requiring restrictive action in response. 

  2. The AT should find the PA or AA’s fitness to practise impaired in cases where they have concluded there is a current and ongoing risk to one or more of the three parts of public protection requiring restrictive action arising from any of the grounds. Where there is no such risk, they should make a finding of no impairment. 

  3. Where the AT makes a finding of impairment, they should be clear about which parts of public protection – patient safety, public confidence and/or upholding professional standards – are engaged, making reference to the general guidance and specific case types section in the introduction, as appropriate.  

  4. The AT should also state the level of risk they’ve identified – low, medium, or high. This is because the level of current and ongoing risk will be relevant to the AT’s decision on what is a proportionate response. The AT should then go on to consider the guidance in the section decision on what action to take, if any  to decide what action is needed to protect the public. 

  5. Where the AT does not make a finding of impairment, they should still consider the guidance in the section decision on what action to take, if any  to decide what action, if any, is needed in respect of the current final measure. 

  6. The AT must record reasons for their conclusion on whether the PA or AA poses any current and ongoing risk to one or more of the three parts of public protection requiring restrictive action in response, to explain their decision on impairment. 

Review hearings where there have also been new findings of fact

  1. Where the AT hearing commenced as a new hearing to consider new allegations about the PA or AA’s fitness to practise, the AT will have used the Guidance for AT hearings to determine the facts of the new matter. Where facts are found proven, the AT will need to assess the current and ongoing risk to public protection posed by the PA or AA in relation to both the new and review matters. These assessments should then be considered together to reach one decision on impairment. 

  2. It is possible that the AT may conclude that there is: 
    • no current and ongoing risk to public protection requiring restrictive action in response arising from the new allegation or the review matter  
    • no current and ongoing risk to public protection requiring restrictive action in response arising from the new allegation, but there remains a current and ongoing risk to public protection requiring restrictive action in the review matter 
    • a current and ongoing risk to public protection requiring restrictive action in response arising from the new allegation, but no longer a current and ongoing risk to public protection requiring restrictive action in the review matter, or  
    • a current and ongoing risk to public protection requiring restrictive action in response arising from both the new allegation and the review matter.  
  1. The AT should make a finding that the PA or AA’s fitness to practise is impaired where they have concluded there is a current and ongoing risk to one or more of the three parts of public protection requiring restrictive action arising from any of the matters before it. Where there is no such risk, the AT should make a finding of no impairment.