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  6. Step 1 decide if an interim measure remains necessary
Interim measures tribunal hearings

Step 1: decide if an interim measure remains necessary

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Does an interim measure remain necessary?

  1.  When reviewing an interim measure, the interim measure tribunal (IMT) is not making findings of fact, resolving disputes of fact, or deciding whether the PA or AA’s fitness to practise is impaired. The role of the IMT is to consider the information available and decide whether an interim measure remains necessary. 

  2. However, during an associates tribunals (AT) hearing, the AT may have already heard evidence or made factual findings at the point they are considering whether an interim measure remains necessary. The need for an interim measure should be assessed by considering all relevant information, including information arising from the specific stage of the hearing that the case is at. 

  3. The role of a tribunal when reviewing an interim measure is not to reconsider the decision made by the tribunal that made the initial, or previous, measure. Where there has been no change in circumstances or new information submitted by the parties, the reviewing tribunal will leave the existing measure in place. 

  4. Whether an interim measure remains necessary will depend on the individual circumstances of the case and is a matter for the tribunal’s judgment. The tribunal should provide reasons for their decision, and in doing so explain how it relates to any submissions made by the parties.