 |
|
Managing performance: acute trusts - dealing with capability
Typical concerns
Examples of concerns about capability include:
- out of date clinical practice;
- inappropriate clinical practice arising from a lack of knowledge or skills that puts patients at risk;
- incompetent clinical practice;
- inability to communicate effectively;
- inappropriate delegation of clinical responsibility;
- inadequate supervision of delegated clinical tasks;
- ineffective clinical team working skills.
Prior to a capability hearing
The following procedure should be followed prior to a capability hearing:
- The case manager must notify the practitioner in writing of the decision to arrange a capability hearing at least 20 working days before the hearing and include details of the allegations, the arrangements for the proceeding and the practitioner's rights.
- All parties must exchange any documentation, including witness statements, 10 working days before the hearing.
- Should either party request a postponement to the hearing the case manager is responsible and should act reasonably in deciding how to proceed.
- Should the practitioner's ill health prevent the hearing taking place the employer should implement their usual absence procedures and involve the Occupational Health Department as necessary.
- Witnesses who have made written statements at the inquiry stage may, but will not necessarily, be required to attend the capability hearing - witnesses may choose to be accompanied by a non-participant.
The Capability Hearing
The Panel
The capability hearing will normally be chaired by an Executive Director of the Trust.
The panel should comprise a total of three previously uninvolved people. Two should be members of the Trust Board, or senior staff appointed by the Board for the purpose of the hearing. At least one member of the panel must be a senior medical or dental practitioner from the same specialty who is not employed by the Trust and be advised by a senior member of staff from Human Resources.
In the case of clinical academics a further panel member may be appointed in accordance with any protocol agreed between the employer and the university.
The Hearing
- The Case Manager presents the management case including calling any witnesses in turn and providing clarification for the panel.
- The practitioner and/or their representative shall present the practitioner's case, calling any witnesses in turn and providing clarification for the panel
- The manager and the practitioner can question all witnesses.
- The case manager and the practitioner are invited to make a brief closing statement summarizing key points and introducing any grounds for mitigation.
Options for the Capability Panel
Possible decisions made by the capability panel are:
- No action required.
- Oral agreement that there must be an improvement in clinical performance within a specified time scale with a written statement of what is required and how it might be achieved.(Stays on employee's record for six months)
- Written warning that there must be an improvement in clinical performance within a specified time scale with a statement of what is required and how it might be achieved. (Stays on employee's record for one year)
- Final written warning that there must be an improvement in clinical performance within a specified time scale with a statement of what is required and how it might be achieved. (Stays on employee's record for one year)
- Termination of contract.
- It is also reasonable for the panel to make comments and recommendations on issues other than the competence of the practitioner, where these issues are relevant to the case. For example, there may be matters around the systems and procedures operated by the employer that the panel wishes to comment upon.
Arrangements for clinical academics
The Restriction of Practice and Exclusion from Work Directions 2003 direct NHS bodies to comply with the framework contained within the document, Maintaining High Professional Standards in the Modern NHS .
This document introduced a new framework for the initial handling and investigation of concerns about the conduct and performance of medical and dental employees. It also introduced a framework for restriction of practice and exclusion from work; it replaces existing guidance on the suspension of doctors and dentists.
In the framework the Department said that NHS bodies must develop strong co-partnership relations with universities and ensure that jointly agreed procedures are in place for dealing with any concerns about practitioners with honorary contracts. This should be achieved by agreeing a protocol that could include representation on a capability hearing panel of the relevant university.
|
|
