December 2016 Voluntary Removal from the Register in Fitness to Practice proceedings. Introduction 1. This guidance sets out the relevant criteria and factors to consider in making decisions on applications for voluntary removal from UKBHC registered chaplains who are subject to a fitness to practice allegation. 2. A registrant may submit an application for voluntary removal from the register at any point in the fitness to practice process. 3. Voluntary removal however cannot be permitted when the registrant is the subject of a suspension or conditions of practice order. Such orders would first of all need to be revoked by the relevant committee before voluntary removal can be granted. Background 4. The primary purpose for voluntary removal is to allow those chaplains who admit that their fitness to practice is impaired and who do not intend to continue practising to be removed from the register without the need for a hearing and where the public will be best protected by their immediate removal from the register. 5. It will not generally be appropriate for voluntary removal to be allowed until a full investigation into the allegation has been completed and
the extent of the alleged impairment ascertained. This will usually follow the completion of an investigation by the employer and/or faith community or belief group. If the application is made at an early stage in the investigation process the registrant may be invited to resubmit their application at a later stage when the investigation has been completed and the case considered by the Screening Committee. 6. At whatever stage an application is received, it should not be granted unless the Screening Committee is satisfied that it is appropriate to do so. Reaching a decision about voluntary removal 7. In reaching a decision the Screening Committee must have regard to: 7.1 The public interest. 7.2 The interests of the chaplain. 7.3 Any comments from those who have carried out the investigation. 8. It must be borne in mind that voluntary removal is not necessarily permanent. Any application for readmission following voluntary removal would not be granted automatically. Such an application would be referred to the Registrar to consider and any unresolved fitness to practice issues would be taken into consideration. 9. Where there are outstanding fitness to practice concerns voluntary removal is allowed on the basis that removal of the registrant will ensure that patients are protected. 10. The genuineness or sincerity of a registrant s desire to remove themselves from the register is a significant factor for consideration in deciding whether or not it may be appropriate to allow an application for voluntary removal.
11. In assessing the genuineness of the registrant s desire to remove themselves from the register, one of the factors will be whether they are at an early or late stage in their career. Where a registrant can provide evidence to support their intention to permanently retire from chaplaincy this may be seen as a strong indicator that they are unlikely to seek readmission in the future. 12. Registrants in the early stages of their career may demonstrate genuine insight and express their intention to pursue an alternative career path and may be able to give robust evidence of that intention. 13. It is also in the public interest to consider any plans that the registrant may have to pursue work in another health or social care profession. In such circumstances the Registrar should consider the impact on public confidence. 14. If an application for voluntary removal is accepted the registrant s employer and faith community and/or belief group will be informed. Readmission to the Register. 15. Any application for readmission following voluntary removal would not be granted automatically. Such an application will be referred to the Registrar to consider and any unresolved fitness to practice issues will be taken into consideration. 16. In health care cases readmission will not be allowed unless the registrant is able to satisfy the Registrar by means of up to date independent medical evidence that they are now of good health and capable of safe and effective practice.
Applying voluntary removal to particular cases. 17. In reaching a decision on voluntary removal, all aspects of the case and all of the factors outlined above that are relevant should be considered. Health Cases. 18. In situations where the allegations and evidence relate to a registrant s long-term mental or physical health and there are no outstanding conduct issues to consider it will generally be appropriate for an application for voluntary removal to be granted as long as the decision is in the public interest. 19. If the registrant shows insight into their health condition and accepts that their fitness to practice is impaired, the public interest may be better served by allowing the registrant to remove themselves from the register as soon as possible. 20. In such circumstances the voluntary removal on health grounds, although not the details of any medical condition would be recorded and may be disclosed to relevant enquirers including potential employers. Lack of competence cases. 21. Voluntary removal may also be appropriate where the allegation relates to lack of competence and the registrant accepts that their fitness to practice is impaired, has already ceased practising and has no intention of returning to chaplaincy.
22. In such circumstances the voluntary removal will be flagged on the register and disclosed to relevant enquirers. Misconduct cases. 23. If the allegations are primarily about misconduct, or relate to a conviction or determination concerning the registrant s conduct, there are more likely to be arguments in favour of refusing the application for voluntary removal and allowing the case to proceed to a full panel adjudication. This is particularly likely in cases where the allegations are of a serious nature and where a striking off order may be an appropriate sanction. 24. In relation to less serious misconduct and conviction cases it is only ever likely to be appropriate to grant an application to grant an application to grant an application for voluntary removal when: - the allegations, if proved, would not be of sufficient seriousness to warrant a striking off order, and - the allegations of impairment have been admitted or proved. Summary. 25. All the factors set out above will have to be considered by the Registrar in reaching a decision including consideration of issues of public protection and public confidence. (Guidance revised: September 2014)