DISCLOSURE OF INFORMATION TO COMPLAINANTS AND REGISTRANTS DURING FITNESS TO PRACTISE PROCEDURES

The Pharmaceutical Society of Northern Ireland operates a policy of keeping all parties informed of progress during fitness to practise cases. In doing so, we seek to ensure both registrants and complainants are treated fairly and the information is handled openly, transparently and consistently.

Unless there are reasons as to why, on a case by case basis, information should not be disclosed, information relevant to a fitness to practise case will shared with the registrant and complainant. In doing so, the Pharmaceutical Society of Northern Ireland will remain mindful of the sensitivities that can exist around the timing of disclosure, the scope of disclosure and balancing the disclosure obligations for groups, individuals and organisations.

Fitness to Practise process of the Pharmaceutical Society of Northern Ireland

By way of a guide, below is an illustrative map of the Pharmaceutical Society of Northern Ireland’s Fitness to Practise process:

 

Disclosure of information to the complainant

Disclosing a complainant’s identity

Once a decision has been taken to investigate a complaint, it will usually be necessary to obtain additional information from the complainant. The Society will obtain consent from the complainant prior to disclosing the complaint to the registrant. Should the complainant wish to remain anonymous, or should they not want to make their identity made known to the registrant, they are informed of the potential affect of this decision, depending on the scenario, on, for example, the effectiveness of an investigation.

Sharing a registrant’s response to the complaint with the complainant

The registrant’s response to the complaint is normally routinely shared with the complainant. However, the Registrar may deem it inappropriate to share part or all of the registrant’s responses where, for example, there are acceptable grounds around data protection, the principles of fairness, or a disclosure could contaminate the complainant’s (or other witness to the investigation) evidence which may inappropriately broaden or refocus the investigation and not be in the public interest.

Notifications on the progress of a complaint

The complainant is notified when the investigation is concluded and is otherwise updated on the progress of their complaint at four weekly intervals.

If a complaint is suitable for referral to the Scrutiny Committee, the complainant is informed of the date of its consideration and of its subsequent decision whether to refer it to a Statutory Committee hearing or otherwise.

The complainant will be informed of the date of any Statutory Committee hearing of their case, its subsequent determination, whether any appeal action is taken on the determination by the registrant or the CHRE, and the results of any said appeal.

Disclosure of information to the registrant

It is normal procedure that once a decision has been taken to investigate a complaint, the subject of an investigation will be informed and at this point the Pharmaceutical Society of Northern Ireland will disclose all relevant information that has been received to the registrant and invite a response from the registrant.

However, where disclosure of a complaint might prejudice an investigation, either of the DHSSPS Pharmacy and Medicines Inspectorate, the Police Service or Northern Ireland, or other party, the Registrar may determine to withhold disclosure of a complaint to a registrant until a later stage.

If a complaint against a registrant is not referred to a Scrutiny Committee, but is instead closed by other means (see Fitness to Practise process map), the registrant will be informed of this decision. An exception to this is where the registrant has not been informed that an investigation has taken place and to inform them at the point of closure would be inappropriate, for example, where the complainant wished to remain anonymous and any information would reveal their identity.

If a complaint is suitable for referral to the Scrutiny Committee, the registrant is informed of the date of its consideration and of its subsequent decision whether to refer it to a Statutory Committee hearing or otherwise.

The registrant will be informed of the date of any Statutory Committee hearing at least 28 days before the hearing. The Statutory Committee’s subsequent determination, whether any appeal action is taken by the CHRE in the belief that the determination was “unduly lenient”, and the results of such an appeal will also be disclosed to the registrant.