Step 2a: decide what type of interim measure is needed
Type of interim measures
- A tribunal can impose an interim measure of conditions or suspension on a PA or AA’s registration.
Interim conditions
- Conditions restrict a PA or AA’s ability to practise or require them to do something.
- Conditions must be appropriate, workable and measurable:
- to be appropriate, interim conditions must address the risk(s) identified to the protection of the public, the interests of the public and/or the PA or AA themselves
- to be workable, they must be capable of producing the desired result of addressing the risk(s) identified and the tribunal must be satisfied the PA or AA can reasonably be expected to, and will, comply with them, and
- to be measurable, individual conditions must be described in specific terms. This is important to ensure the PA or AA knows what is required of them and so their compliance with the interim conditions can be monitored.
- The following may be relevant to the tribunal deciding if they are satisfied that a PA or AA will comply with interim conditions:
- whether the PA or AA has complied with any conditions previously imposed on their registration, and
- the PA or AA’s fitness to practise history, if any.
- Interim conditions should be drawn from the suite of conditions detailed in the interim conditions bank. The wording of interim conditions in the bank should be applied unless, unusually, it is necessary to amend or add to them, considering the individual circumstances of the case.
- Interim conditions should:
- be adequately defined to minimise opportunities for misinterpretation
- be directed at the PA or AA and not at other parties
- be capable of being complied with by the PA or AA, and
- enable breaches to be readily identified.
- Sometimes evidence is provided that a PA or AA’s supervisor, employer, or another relevant body, will not support certain interim conditions if they were to be put in place. However, ‘workable’ should not be considered as being whether the PA or AA’s place of work is able to support the condition(s), but simply that the condition(s) are workable to address the risk identified. Any interim conditions imposed on the PA or AA’s registration should therefore be based on the tribunal’s assessment of what restrictions are required to address the risk(s) identified as opposed to what is required for, or by, a specific place of work.
- Nevertheless, where alternative interim conditions can be identified that still adequately address the risk(s), consideration can be given to putting those in place instead. However, where they can’t be, the tribunal should impose the interim conditions they consider to be necessary to address the risk(s). This is provided they are still considered to be generally workable, despite the fact they may not be supported by the PA or AA’s supervisor, current employer or relevant body, as it is possible the PA or AA may be able to work elsewhere.
- A lesser action than that which is considered necessary to address the immediate risk(s) should not be imposed simply because certain interim conditions may not be supported by a specific body.
- Interim conditions may be proportionate in cases where there are failings in identifiable areas of the PA or AA’s practice that require temporary restrictions to be imposed, or require the PA or AA to take specific action, and where the PA or AA would not put patients or themselves at harm, either directly or indirectly, by having conditional registration.
- In very rare cases, the tribunal may consider it necessary to impose interim conditions which would restrict the PA or AA’s right to freedom of expression.11 Where this is the case, to decide whether an interim measure of conditions is proportionate in a freedom of expression case and in other specific case types, the tribunal should refer to the guidance in the specific case types section.
Interim suspension
- Suspension restricts a PA or AA’s registration and prevents them from practising during the period it is in effect. The purpose of suspending a PA or AA’s registration on an interim basis is to remove them from practice to manage the immediate risk(s) presented to the protection of the public, the interests of the public and/or the PA or AA themselves.
- Interim suspension may be proportionate in cases where some, or all, of the following factors are present:
- interim conditions that are appropriate, workable and/or measurable cannot be identified
- the risk(s) identified cannot be safely managed with interim conditions and interim suspension is necessary to stop the PA or AA from working and putting patients, others and/or themselves at risk, and/or
- the risk(s) identified are such that although patient safety is not an issue, interim suspension is necessary in the public interest to maintain public confidence in the profession.
- When deciding whether an interim measure of suspension is proportionate, the tribunal should also refer to the guidance in the specific case types section.
11 Under Article 10 of the ECHR.