FAQs

The establishment of OHPA was a key proposal made by the Government following recommendations by Dame Janet Smith, who chaired the Shipman Inquiry. Dame Janet recommended that there should be clear separation between the power to investigate and the power to adjudicate concerns about health professionals.

When concerns are raised about the fitness to practise of a health professional it is currently the responsibility of the organisation which regulates that profession to investigate and adjudicate the case.

This will change from April 2011 when OHPA takes over the adjudication of fitness to practice cases from the General Medical Council (GMC) and in 2012 from the General Optical Council (GOC). OHPA is an independent body created under the Health and Social Care Act (2008) (2008).

OHPA became a legal entity on 25 January 2010 and is now in its set up phase. It will take over responsibility for hearing cases of fitness to practice from the General Medical Council (GMC) in April 2011, and from the General Optical Council (GOC) in 2012.

OHPA is working closely with the Department of Health, the GMC and the GOC to ensure a smooth transition of the adjudication functions.

The needs and rights of patients are a priority for OHPA. Independent adjudication will bring many benefits and patients will have the opportunity to participate in key consultation activities. Information about future consultations will be posted on this website.

There will be a clear separation of investigation and prosecution from adjudication. OHPA is an independent body, which is separate from the healthcare regulators, and will improve the time taken by and cost of the adjudication process.

The General Medical Council and the General Optical Council will remain the regulators for doctors and opticians respectively. They will continue to exercise the following functions in relation to fitness to practise:

• Setting the standards for professional practice for doctors or opticians;
• Receiving and investigating allegations about the fitness to practise of doctors or opticians;
• Deciding whether to refer healthcare professionals to a fitness to practise hearing;
• Setting indicative sanctions guidance, i.e. the guidance that OHPA panels will use to decide which sanctions are appropriate for particular health, conduct or performance issues.

Over time, there is the potential that the adjudication functions of other healthcare professional regulators may transfer to OHPA. The only confirmed transference is from the General Medical Council and the General Optical Council.

OHPA will take over the adjudication of cases from the General Medical Council (GMC) in April 2011, which will include cases that have already started. To ensure a smooth transition OHPA will be using adapted GMC rules at first and then will bring in its own rules. Consultation on the OHPA rules will take place in the coming year and there will be opportunities to participate in this.

OHPA panels will be made up of a chair, lay members and professionally qualified members each selected from lists of eligible persons as provided for in the Health and Social Care Act 2008 and OHPA Rules.

The formation of panels is in line with the current adjudication arrangements of the GMC and the GOC.

OHPA became a legal entity on 25 January 2010. Walter Merricks CBE has been appointed as chair and Stephen Shaw CBE joined as chief executive on 10 May 2010. They are on the five-member board which also has three non-executive members: Andrew Colquhoun, Pamela Charlwood and Dame Janet Finch.  A small team is in place to make OHPA operational, which reports to a board.

The Department of Health (England) will continue to oversee and fund the establishment until April 2011.

OHPA will initially be funded by a grant-in-aid to cover its establishment costs. Once fully operational, it will secure the majority of its funding from the regulatory bodies using its services.

More information about the funding arrangements for OHPA can be found in the Health and Social Care Act 2008.