The Investigating Committee's role is to meet to consider all evidence put before them and decide whether there is a case to answer in respect of the allegation against the registrant
The panel will not decide the facts of a case, but whether there is a realistic prospect of proving the allegation at a final hearing. The panel consider cases in private, on the basis of the papers before them. Each panel is made up of three members: a Chair, someone from the relevant profession and a lay person who is not from any of the professions we regulate.
The Investigating Committee Panel can decide that:
- the case should be adjourned for further information to be obtained or for the allegations to be amended;
- there is a case to answer and the case should go forward for a final hearing; or
- there is no case to answer and the case should be closed.
Following the Investigating Committee meeting, we will write to you to tell you the panel’s decision.
Taking previous concerns into account
The Investigating Committee Panel has the legal power to take into account any previous, similar concerns raised about the registrant within the last three years. This is to ensure that a concern that was closed because a case to answer could not be established on its own merits, can still be taken into account if we receive new information about a registrant that indicates a wider pattern of concerns.
Can I appeal against an Investigating Committee Panel’s decision?
There is no means to appeal a decision made by the Investigating Committee Panel. However, you can apply for a Judicial Review of the decision if you think we have not followed our process correctly. Applications for Judicial Review must be made to the High Court or Court of Session in Scotland within three months of the Investigating Committee Panel’s decision. You should get legal advice if you are considering applying for a Judicial Review.