Restoration Applications – what you need to know

Healthcare professionals who have been erased due to a fitness to practise issue can apply for restoration, but the process is complex and detailed supporting evidence will be required.

In this article, we will look at the restoration application process and things healthcare professionals should know when considering a restoration application.

Understanding Restoration Applications

Generally speaking, restoration is available to healthcare professionals who have:

1. been administratively erased;
2. been erased due to a fitness to practise issue; or
3. voluntarily erased.

Restoration following a fitness to practise finding is often complex and a daunting task for anyone without specialist legal advice and guidance.

Healthcare professionals will normally have to wait at least 5 years before being able to apply for restoration to their regulator’s register and in most all the cases, the matter will be referred to a fitness to practise tribunal.

It is important to note that the burden of proof lies with the healthcare professionals applying for restoration, which means the onus is on them to persuade a fitness to practise tribunal of their current fitness to practise.  A restoration application, following erasure due to impaired fitness to practise, is not a simple process and detailed supporting documentary evidence, demonstrating current fitness to practise, will be needed.  At the tribunal hearing, the healthcare professional will usually be required to give oral evidence and can expect to be questioned by the tribunal.

A tribunal will normally consider a number of factors, including:

• the circumstances that led to erasure, including the reasons given by the previous tribunal for the decision to direct erasure;
• whether a doctor has demonstrated insight into the matters that led to erasure and taken responsibility for their actions;
• whether a doctor has remediated the previous findings about their behaviour, skills, performance or health and if there is a risk of repetition;
• what a doctor has done since their name was erased from the register; and
• the steps you have taken to keep your medical knowledge and skills up to date.

Insight and Remediation

Substantial weight is attached to insight and remediation. 

A restoration application following erasure due to impaired fitness to practise needs to be approached with great care and consideration as to the right approach.  Doctors seeking restoration under these circumstances have sufficient time to prepare their case and evidence. 

Whilst the level and type of insight and remediation will differ on a case-by-case basis, training is often seen as important evidence of insight and remediation.  Through, Insight Works Training, we offer a range of courses to provide evidence of insight and remediation, including preparation for restoration applications and Probity, Ethics and Professionalism for Health and Social Care Professionals.

The right strategy is key!

Health care professionals must not underestimate the complexity of a restoration application process.   A restoration application following erasure due to impaired fitness to practise needs to be approached with great care and consideration as to the right approach.  Doctors seeking restoration under these circumstances have sufficient time to prepare their case and evidence. 

Doctors should seek expert legal advice at the earliest possible opportunity when considering a restoration application because setting the correct strategy from the outset is crucial to good outcomes.  This is particularly the case for insight and remediation because remediation is often a long process. 

Kings View Medical Defence has an excellent success rate assisting clients with restoration applications.  Recent case examples:

• Kings View successful in NMC restoration application
• Kings View successful in GMC restoration for doctor following disciplinary erasure
• Kings View represent nurse in successful restoration application

Without expert legal advice and representation, amongst other things, you will need to:

1. be clear in the legal processes involved in a restoration application;
2. deal with any directions given by the fitness to practise panel;
3. gather evidence and present this; and
4. prepare your case, including evidence of insight and remediation.

Without expert legal advice and representation, there is a significantly higher risk of an unsuccessful application and possibly a suspension of your right to re-apply.  Kings View Chambers has successfully applied to restore clients who have previously been struck off. 

Disclaimer: This article is for guidance purposes only. Kings View Chambers accepts no responsibility or liability whatsoever for any action taken, or not taken, in relation to this article. You should seek the appropriate legal advice having regard to your own particular circumstances.