Unit 1 · The Framework of Professional Discipline
Module 1 The framework — what is professional discipline
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1
What professional regulation is, and what it is for
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2
Statutory and non-statutory regulation
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3
The regulators, and how they are structured
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4
Fitness to practise, defined
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5
The regulator and the employer: two processes, one set of facts
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6
Burden, standard and the fairness a registrant is owed
Module Assessment
Take AssessmentUnit 2 · Referral, Screening, Interim Orders and Investigation
Module 2 Referrals, screening and QDM
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7
How a case reaches a regulator
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8
Initial consideration: what replaced screening
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9
The screening process
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10
Threshold decisions (HCPC)
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11
Reviewing a decision not to proceed: QDM and the power to review
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12
Motive, anonymity and the source of a referral
Module Assessment
Take AssessmentModule 3 Interim orders, reviews and interim order appeals
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13
Interim orders: the test
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14
Interim order hearing considerations
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15
Challenging an interim order
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16
Interim order review
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17
Early review of an interim order
Module Assessment
Take AssessmentModule 4 Investigations — the investigation report and evidence
Unit 3 · Case Examiner and ICP Decisions
Module 5 CE/ICP — outcomes, reviews and appeals
Unit 4 · Preparing for a Hearing
Module 6 Preparing for a hearing
Module 7 Legal issues arising
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26
Abuse of process
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27
Abuse of process applications
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28
Delay
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29
Hearsay: fairness is decided at admission
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30
The admissibility of hearsay evidence in professional discipline
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31
Amending allegations
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32
Bias
Module Assessment
Take AssessmentModule 8 Honesty, integrity and dishonesty
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33
Honesty and integrity are not the same thing
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34
Bolton, and the reputation of the profession
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35
Dishonesty and sanction
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36
Why dishonesty resists remediation
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37
Probity beyond dishonesty
Module Assessment
Take AssessmentUnit 4 · Preparing for a Hearing
Module 9 Disclosure
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38
Drafts are disclosable — and what unlawful non-disclosure actually gets you
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39
Disclosure by the regulator
Module Assessment
Take AssessmentModule 10 Witness attendance
Module 11 Case management and preliminary hearings
Module Assessment
Take AssessmentUnit 5 · The Substantive Hearing
Module 12 Substantive hearings — process, participants and Ruscillo
Module Assessment
Take AssessmentModule 13 Stage 1 — preliminaries
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46
Proceeding in the absence of the practitioner
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47
Medical evidence offered to explain non-attendance
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48
Postponements and adjournments
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49
Matters outside the notice of hearing
Module Assessment
Take AssessmentModule 14 Stage 2 — facts
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50
Burden and standard of proof in disciplinary proceedings
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51
Assessing credibility, and the limits of demeanour
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52
Good character
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53
Admissibility of evidence generally
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54
Applications to admit or exclude evidence
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55
Late evidence
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56
Opinion evidence
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57
Cross-admissibility: when one allegation may support another
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58
The findings of an earlier investigation are not evidence
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59
Adverse inferences from a registrant's silence
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60
The test for dishonesty
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61
No case to answer
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62
Applications to adjourn, and the culture of adjournment
Module Assessment
Take AssessmentUnit 6 · Impairment and Sanction
Module 15 Stage 3 — impairment, misconduct, lack of competence, health
Module 16 Insight, remediation and reflection
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68
What insight means, and the definition regulators use
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69
What belongs in the reflection, and what belongs in the defence
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70
Reading a reflective statement
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71
How insight is tested under questioning
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72
Remediation: showing the risk is gone
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73
Testimonials and third-party evidence
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74
Reflection and generative AI
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75
Insight and remediation: the practicalities of timing