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  6. The test for imposing an interim measure
Interim measures tribunal hearings

The test for imposing an interim measure

  1. The test for imposing an interim measure is whether it is necessary for the protection of the public or is otherwise in the interests of the public and/or in the interests of the PA or AA.9  

The protection of the public

  1. In the context of interim action, an interim measure may be necessary for the protection of the public where the concern about the PA or AA’s fitness to practise indicates there is a real and immediate risk to patient safety. Most often this will arise from concerns about a PA or AA’s behaviour, performance, or the impact of a health condition on their ability to practise safely and provide care to a sufficient standard.  

In the interests of the public

  1. The interests of the public incorporates three elements: 
    • the protection of patients and the public generally from a PA or AA whose fitness to practise may be impaired 
    • the maintenance and promotion of public confidence in the profession, and/or 
    • the maintenance and promotion of proper professional standards and conduct for PA or AAs. 
  1. There is some overlap between the protection of the public and (a) given the impact on patient safety. However, (b) and (c) are also likely to be relevant in cases involving serious clinical concerns, particularly if the act or omission is persistent or repeated, or the circumstances surrounding the concern have attracted widespread public concern. This is because public confidence in the profession and the maintenance of professional standards and conduct would be undermined if the PA or AA’s registration was not restricted due to the serious nature of the risk to patients.  

  2. Where an interim measure is needed for the protection of the public because there is a real and immediate risk to patient safety, then it is likely that imposing it will also be in the interests of the public. 

  3. In some instances, a PA or AA may not appear to pose a real and immediate risk to patient safety, but an interim measure may still be needed on the basis that they pose a risk to public confidence. This is because public confidence in the profession may be seriously damaged if the PA or AA is allowed to continue in unrestricted practice while the matter is being considered. A risk to public confidence may arise from behaviour or poor performance in the PA or AA’s working life but can also arise from something unrelated to the PA or AA’s practice, such as a criminal charge or other serious alleged misconduct in their private life. 

In the interests of the PA or AA

  1. An interim measure may be needed where an assessment is made that it is not in the PA or AA’s interests to hold unrestricted registration. This may be because the PA or AA lacks insight into the impact of a health condition and how it is affecting them.  

9 Article 11(1) of the Order.