What needs to be considered for a case to be remitted for a re-hearing?

Approach to remitting the case

The Appellant sought to argue that the allegation of sexual motivation could not be not made out on the facts and that it would be inappropriate for it to be reconsidered by a fresh panel.

The HCPC successfully resisted that argument.

The High Court agreed that the case should be remitted for a full re-hearing.  In doing so, it set out the principles to be considered when remitting an appeal.

In particular, the Court highlighted the importance of the public interest in a full and proper determination of serious allegations against a professional.

There was no consideration in relation to either the utility of a further hearing or fairness that outweighed that public interest.

In relation to fairness, the Court held that fairness would be met by the Appellant having the opportunity to respond to the allegation of sexual motivation, properly put, and answering questions in cross-examination.

In summary, it was therefore determined that the allegation of sexual motivation should be remitted for a hearing by a differently constituted panel, which would also determine the questions of misconduct, fitness to practise and sanction as appropriate.

Impact

Notwithstanding the regularity of appeals of this nature, there is a notable lack of authority regarding the issue of the precise basis upon which cases should be remitted.

This is, therefore, a helpful case which sets out the principles to be considered. It confirms that, that whilst there may be some unfairness to a registrant in terms of a re-hearing, that is ultimately outweighed by the public interest in allegations being properly considered.