2 At the hearing

Now you are going to focus on the hearing part of the Fitness to Practise process. The process of cross-examination can generate additional harm for witnesses. Regulators should support witnesses to understand the nature of being a public witness and cross-examination, including clearly explaining the hearing; what actions they can take when giving evidence such as asking for breaks, and for questions to be rephrased.

Panel members and legal advisers should be trained to use their role to prevent or intervene in inappropriate or distressing cross-examination. 

Regulators need to support witnesses to observe the proceedings after they have given evidence if they want to. Finally, online hearings should ensure that all attendees have their correct and/or anonymised name and role on display.

Also, where appropriate, and in conjunction with the public witness, regulators should consider whether alternative or modified approaches to cross-examination may be appropriate and possible within existing Fitness to Practise processes. More broadly, they need to consider whether alternatives to Fitness to Practise processes can be sought out and evaluated with reference to, among other matters, ensuring that the voices of harmed witnesses are heard.