Fitness to Practise Learnings: declaring criminal proceedings
The Professional Conduct Committee (PCC) recently considered a complaint that a chiropractor failed to inform the GCC that they had been charged with two criminal offences.
02.10.24
The Professional Conduct Committee (PCC) recently considered a complaint that a chiropractor failed to inform the GCC that they had been charged with two criminal offences.
02.10.24
The Professional Conduct Committee (PCC) is made up of chiropractic and lay panelists. The panelists are independent, but are required to take account of the GCC’s guidance.
The Professional Conduct Committee considers complaints against chiropractors referred to it by the Investigating Committee. The Committee can decide whether to determine a complaint by a public hearing or by private written submissions of evidence. If it is found that a complaint against a chiropractor is well founded, the Committee will take one of the following steps:
The PCC was recently asked to consider a complaint that a chiropractor had failed to inform the GCC that they had been charged with two criminal offences. The criminal charges were later discharged and no criminal findings were made against the chiropractor.
The case did not consider the nature of the two criminal charges, but focussed on an allegation that the chiropractor had not notified the GCC of the criminal charges .
The Code states that a chiropractor:
The chiropractor admitted that they had not informed the GCC of the criminal charges. They argued this was not misleading or dishonest conduct, but was a mistake arising from a complex set of personal circumstances at the time.
The Committee considered all the evidence and found that the conduct was misleading but not dishonest – it was an oversight on the part of the chiropractor. However, the Committee considered the duty to notify the GCC of criminal charges is an important one in the context of a statutorily regulated profession.
With that in mind, the Committee found the registrant guilty of Unacceptable Professional Conduct and decided that the appropriate sanction was an admonishment.
Registrants should note that if they become the subject of criminal proceedings (in the UK this means at the point of arrest, or notification of charge or prosecution in circumstances where arrest was not necessary) they have seven days to inform the GCC in writing.
Registrants also have to inform the GCC in writing within seven days of receiving a criminal conviction, caution, reprimand, warning or fixed penalty notice (other than for road traffic offences).
Details on how to inform the GCC of an arrest, conviction or other criminal proceedings, alongside a form for reporting them, can be found on the inform us of an arrest or conviction page of the website.