Consensual Disposal is a process in which complaints are resolved directly between the Register and the practitioner, avoiding a contested hearing. Dr Paul Sanderson, in a report prepared for the Professional Standards Authority (2019), defines it as:

“The means by which regulatory panels and registrants can avoid the need for a contested hearing by reaching agreement to conclude cases by deciding in private the outcome that the panel would most likely have reached if hearings were to be contested and held in public.”

This process allows for a quicker, less costly, and less stressful resolution than a formal hearing.

The decision to propose this approach lies with the Professional Conduct Review Committee (PCRC), although the complainant will be invited to give an opinion, which will be taken into account.

Practitioner Obligations

If a case is to proceed by consensual disposal, the practitioner must:

• Request or accept handling through consensual disposal.

• Admit to the behaviours or actions stated in the complaint.

• Show remorse and outline personal learning from the incident.

• Agree to comply with all proposed outcomes or sanctions from the PCRC.

If these conditions are met and the complainant does not reasonably contest the process, the complaint will be resolved through consensual disposal and will not proceed to a formal hearing.

Note: Serious cases involving significant professional malpractice or misconduct cannot be resolved through consensual disposal.

The Process

• A three-member PCRC sub-group, appointed by the Chair, reviews the complaint and the practitioner’s response under the Malpractice and Maladministration Policy.

• Proposed actions are decided in line with the Sanctions Policy.

• A separate PCRC sub-group, not involved in the initial review, adjudicates the decision independently.

• The practitioner is notified in writing and given 28 days to review and accept the consensual disposal agreement, which is signed by the Chair of the PCRC.

• The complainant is informed of the outcome at the same time.

The agreement is considered a disciplinary decision and will be published under the Professional Conduct Notices.

Any breach of the agreement may lead to termination of registration, with readmission not allowed for at least three years, and the decision will be published under the Professional Conduct Publication policy.