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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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Can the Police investigate the crime of mis-using a protected

Customer Question

Can the Police investigate the crime of mis-using a protected title which the Health Care Professional Council would normally themselves investigate as a criminal offence? The punishment for this crime is a fine up to £5,000. Does this also mean the non-professional involved would receive a criminal record? If the employer themselves were aware of the mis-use of this title, and were complicit who is responsible ultimately? The profession involved, involves the completion of legal documents required to be signed by the profession and countersigned by someone higher in that profession at all times . The document itself states it is to be completed by the Profession , specifically using the 'Protected Title.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
-Could you explain your situation a little more?
Customer: replied 2 years ago.

Title:social worker/local authority

Children's Social Services

Expert:  Jo C. replied 2 years ago.
The Care Standards Act does prohibit misuse of a protected title with intention to deceive and, as you say, that is a criminal offence.
Any criminal offence can be prosecuted by any agency or indeed any person in the UK. We all still retain the right to bring private prosecutions in the UK.
Therefore the police can investigate this offence.
The practical reality is that they will not really by convention. The police leave lots of offences to other agencies - trading standards, the local council, the RSPCA etc. There is no particularly good reason for that. Its just that it falls more within their remit than that of the police will will be needing their scarce resources to sort out stupid domestic squabbles that should be in the family court and neighbour disputes that should be in a housing court.
So, in principle, the police can do that but the practical reality is that they will not I'm afraid.
I'm very sorry if that is bad news.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.
Thank you for the advice. Please could you clarify who is responsible for the offence, the employer or employee when the employer was complicit?
Expert:  Jo C. replied 2 years ago.
The Health Professionals Order creates an offence relating to the employee but also under S39[3] could arguably apply to the employer.
You will find it here
http://www.legislation.gov.uk/uksi/2002/254/article/39/made
Jo C., Barrister
Category: Law
Satisfied Customers: 69985
Experience: Over 5 years in practice
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Customer: replied 2 years ago.

Sorry for the delay in replying I had to go out. The health care professional order information is useful I haven't found this before. Thank you.

Expert:  Jo C. replied 2 years ago.
No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’.

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