High Court Examines Procedural Fairness in HCPC Case on Allegations of Sexual Motivation against Physiotherapist

Citation: [2023] EWHC 3256 (Admin)
Judgment on


The case of Robert Hawkins v Health and Care Professions Council (HCPC) [2023] EWHC 3256 (Admin) is a significant decision addressing the procedural fairness in professional regulatory hearings. The High Court of Justice examined whether the HCPC’s panel dealt justly with the allegations of sexual motivation related to the appellant’s conduct as a registered physiotherapist. This analysis will dissect the key topics discussed, focusing on the legal principles applied and how they pertain to the facts of the case.

Key Facts

Robert Hawkins, a physiotherapist, faced accusations of attempting to lower a patient’s underwear with sexual motivation. While there was little debate over the facts, the contention laid in the interpretation of Hawkins’s actions. The initial tribunal found Hawkins’s conduct sexually motivated, leading to a 12-month suspension. Hawkins appealed on procedural fairness grounds, claiming the tribunal failed to directly question him about the alleged sexual motivation for lowering the underwear.

Several legal principles are pivotal in this case:

  1. Procedural Fairness: Hawkins argued that the tribunal’s decision was flawed as the specific allegation of sexual motivation was not put to him during the hearing, which is a procedural requirement to ensure fairness.

  2. Remittal: Given the procedural error, the court had to decide whether to remit the case for a new hearing or dismiss the allegation. This hinged on whether the evidence could support a finding of sexual motivation and if remittal would be just and fair.

  3. Public Interest: A chief consideration is the public interest in the proper regulation of healthcare professionals, which requires a balance between protecting the public and ensuring fairness towards the accused professional.

  4. Utility of Remittal: The court assessed the utility of remittal, considering if it was still possible to reach a reliable determination on the allegation of sexual motivation.

  5. Finality and Promptness: The public interest in finality and prompt resolution of professional conduct allegations is significant to avoid unnecessary delays and stress on all parties involved.

  6. Overarching Objectives of the Regulatory Body: Guided by the Health Professions Order 2021, the HCPC’s objectives include protecting the public, maintaining public confidence in the profession, and upholding professional standards - all of which must inform the appeal decision.


The High Court accepted that there was a serious procedural error in the tribunal’s handling of the case and quashed its determination. However, the evidence was such that a properly directed panel could conclude that Hawkins’s actions had been sexually motivated. Consequently, the court remitted the matter to a fresh panel, reasoning that this was in the public interest, did not unfairly prejudice Hawkins, and served the utility of addressing the allegation head-on.


The High Court’s decision illustrates the intricate balance between regulatory objectives and individual fairness essential for just process in the healthcare profession. While procedural errors necessitate rectification, this case emphasizes that remittal can be appropriate if sufficient evidence exists to potentially sustain the original allegations and if such a course is not unfair to the accused. In remitting the case, the court reaffirmed the public interest in the cogent regulation of professionals as paramount, ensuring that standards of conduct are maintained, and the confidence in regulated professions upholds.

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