1. FITNESS TO PRACTICE- impact legal defence scheme
Joe O’Connor
IMPACT Health Professions Forum
FITNESS TO PRACTICE- impact legal defence scheme

2. Context & Background
Expert Group on Various Health Professions set up in 2000 following IMPACT campaign- Report supported statutory registration
The 2005 Health and Social Care Professionals Bill gave it legal status
CORU and Registration Boards established on foot of this

3. Current Situation
Social Work first profession to come on stream- Procedures now active. Registers now open for Occupational Therapy, Speech & Language Therapy and Radiography
10 of 12 professions which will be required to register are grades represented by IMPACT
IMPACT secured a limit of €100 per annum for the CORU registration fee under the HRA, this has been continued under the LRA. This is a significant reduction from initial fee set at €295 p/a

4. IMPACT Legal Defence Scheme
Fitness to Practice puts professional livelihood at risk
The provision of effective representation in F2P cases is a core IMPACT service and benefit, provided at no additional cost
We believe that the scheme we have developed is more comprehensive than any other private insurance-based cover, and preferable to all alternative arrangements offered by professional bodies

5. IMPACT Legal Defence Scheme
We have developed our own in-house scheme rather than simply purchasing insurance cover, which brings with it a number of exclusive features and benefits:
Specialist lawyers appointed to act in all F2P cases- Hayes McGrath, specialists in defence law and significant experience with fitness to practice cases
IMPACT commit that we will only use barristers who are experts in the field of F2P regulations if legal representation is required

6. IMPACT Legal Defence Scheme
For consistency of service and support, all F2P cases will be channelled in the first instance through a single IMPACT official, AGS Marie Levis
Marie has considerable experience in representation in Health services, and is legally qualified
Ongoing support and advice will be provided to assist members throughout the process from relevant IMPACT officials, who will stick with them throughout the case

7. Collective Strength
If an individual F2P case has wider implications for the status, autonomy and scope of the profession, IMPACT are willing and in a position to fund cases on appeal to the High Court
Where the reputation and status of a centre is endangered by a F2P action, we can act in the collective interest to protect the reputation of our members
IMPACT are well positioned to deal with cross-professional complaints, as well as cross-regulatory complaints due to our relationship with CORU, NMBI, HIQA etc.

8. Important Note for Professionals
Under no circumstances should an individual respond in advance without first contacting IMPACT
All experts in this area have emphasised the importance of the first response
A natural inclination to respond immediately to deal with the issue or clear the air, or to be seen to be co-operative, can have significant negative implications down the line

9. Dealing with F2P cases
As of yet, no case referred to IMPACT has yet proceeded to a hearing
We are working with our broker, prospective insurance firms and lawyers to investigate the purchase of insurance cover for the union - Risk still in process of being gauged due to lack of claims history
In the interim we have the resources to deal with individual cases as they arise and will set aside reserves based on the best available legal advice

10. Next Steps CORU Roadshow and Regional Meetings- AGS Chris Cully
We intend to provide localised and workplace-based sessions with expert lawyers present to our members working as health and social care professionals
If a F2P pre-dates union membership, we will not be able to assist- Important that any density issues in professions are addressed in advance of procedures becoming active