Standard of proof in fitness to practise proceedings

Standard of proof in fitness to practise proceedings

The term ‘standard of proof’ refers to the level of certainty that must be achieved in order to find facts proved.

In law, there are two standards of proof – the criminal standard and the civil standard. In the past there was not a consistent approach to the standard of proof by the health professions regulators. Some regulators used the civil standard to make decisions about the facts of cases on whether a professional is fit to practise, while others used the criminal standard.

The Department of Health’s 2007 White Paper, Trust, Assurance and Safety,  recommended that all regulators should use the civil standard of proof. The introduction of these changes was subsequently enabled by the Health and Social Care Act 2008. Prior to the Act becoming law, we provided advice to the government on the likely impact of regulators using the civil standard of proof and the requirements for a successful transition for those regulators that would be making the change.

In January 2008, we published our advice on the civil standard of proof.