Novel resources created by The Open University to support witnesses in health and social care professional conduct hearings

Posted on 16 September 2026 • Health

A comprehensive package of bespoke online resources has been developed by The Open University researchers to assist witnesses who give evidence in professional regulatory (Fitness to Practise) hearings.

It follows a National Institute for Health and Care Research (NIHR) funded project, Witness to Harm, Holding to Account, investigating public witnesses’ experiences of health and social care professional conduct hearings. In its findings, the study revealed how stressful, adversarial and sometimes traumatic the process can be for those reporting instances of harm by a registered health or care professional.

The research team lead by the Open University and including Manchester Metropolitan, Edinburgh, Glasgow, Leicester Universities –worked with regulators, employers, lawyers and the public. Interviews were conducted, hearings were observed, hearing decisions reviewed and regulator websites public facing documents about Fitness to Practise were examined, with the team carrying out numerous observations of hearings.

The research team produced recommendations and resources

Research findings emerged which revealed that witness disengagement can occur and result in cases being weakened or even closed, meaning a practitioner may go on to repeat the harm. It showed that members of the public who had been harmed and/or who raised a concern, took part in investigations and hearings mainly found the process to be onerous, protracted, distressing and disappointing.

The study also found regulators and employers often did not offer enough support to the public.  The team produced recommendations and resources to improve these processes.

A key recommendation of the 2024-published report and associated publications which can be found on this link called for a more compassionate, trauma-informed approach to hearings going forward.

These new resources – aimed at improving the experiences of both the potential witnesses and people on the panel during these, often complex, investigations – provide a basis for improving the support to and care of those who have been witnesses to harm by a registered professional.

With 13 statutory regulators in the UK – ensuring over 1.5m health and social care professionals practise safely and act appropriately – a Fitness to Practise (FtP) investigation and hearing follows the rare occurrences of professionals failing to meet the standards.

These new, unique resources comprise:

1. Panel member training animation and resource package

Used for the training of panel members and chairs, this panel member training resource, available here on the project website could also be used by regulatory lawyers and professionals who take part in fitness to practise hearings. It’s based around seven common challenges for panel members with witnesses who may have been harmed by the registrant and / or who may have specific vulnerabilities that could affect their engagement and the quality of their evidence, as well as aiming to mitigate as far as possible any re-traumatisation that can occur when recounting traumatic events (eg. sexual abuse).

The seven scenarios are presented and show how they might be addressed in a trauma-informed way, while being fair to all parties. The overall aim is to prompt reflection around preparation, questioning, emotional responses to being cross examined, to help panel members think more deeply about their role in reducing harm and supporting witnesses effectively.

2. Witness self-care animation

Used to prepare witnesses for being cross-examined during a hearing. This animation can be found on the project website under the heading Witness self-care resources, by clicking this link. It aims to enable witnesses to give their best evidence in what known to be a challenging process. It explains strategies that can be used to manage anxiety and stress during a hearing with the aim to help witnesses to be empowered and well informed about what their rights are during a hearing.

Both resources accompany an existing free OpenLearn course, available on this link for members of the public, health and social care professionals, Fitness to Practise panel members, regulators employees, employers, unions/professional bodies and Fitness to Practise lawyers.

Since its launch in 2024, the course has had more than 66,500 visits, and 267 course completions.

3. The OpenLearn course provides insight and understanding about the research project findings, how members of the public experience the Fitness to Practise process and how best to support people who are part of the process.

The course is split into five sessions, which include optional activities. Those who complete the entire course have an option to download a completion certificate. It has already been completed by hundreds of people in the past year.

4. Witness stories

The original research team created a package of real witness stories available on this link where people who have been raised a concern and been involved in a hearing describe how it felt, now available on The Open University website.

Emerita Professor Louise Wallace, who led the Witness to Harm project completed in 2024 said: “Being a witness in investigations and hearings at fitness to practise tribunals brings a recognised stress on the patient or service user, family and colleague witnesses. We’ve looked at practical ways regulators and independent panel members and lawyers can better provide in this whole process.”

Professor Gemma- Ryan- Blackwell, who led the development of the Open Learn course and co lead with Prof Wallace the development of the animation resources said: “Having to remember traumatic events can be deeply distressing, and even re-traumatising, yet their evidence is often crucial and vital to an inquiry.

“We hope this thought-through package of resources goes some way to helping improve things for witnesses and those on inquiry panels.”

Douglas Bilton, Assistant Director, Intelligence and Insight, Professional Standards Authority said: “This animation will support panels to be proactive in ensuring proper witness care and will help secure the best possible evidence for the process.”

Michelle Williams, Head of the Dental Professionals Hearings Service said: “Witnesses play a vital role in fitness to practise hearings, and we know how daunting that process can feel. We welcome these resources from the Open University’s Witness to Harm project and will be using them in our training for hearing panellists, to help embed a more compassionate, trauma-informed approach to witness care.”

 Phillip Bowden, Head of Case Examinations and Fitness to Practise Partner Assurance at Social Work England, said: “A robust fitness to practise process is essential to our core objective of public protection but we recognise it can be stressful for those involved. These resources will help panellists to improve the experience of witnesses and complement our existing package of support for everyone attending a hearing.”

Sarah Ellson, Partner at the international law firm Fieldfisher with extensive experience of training regulatory members said: “The materials this OU project has generated will be a clear and valuable resource for training those involved in the hearing process and generating discussion about how to support witnesses to give their best evidence.”

Paul Whiteing, CEO, of the clinical negligence charity Action against medical accidents (Avma), said: “Giving evidence in regulatory proceedings can be a difficult and distressing experience, particularly for people who have already suffered harm. Avma welcomes these practical, trauma-informed resources from the Open University. By helping witnesses prepare and supporting panels to respond sensitively, they should help witnesses to participate fully and give their best evidence.”

Sarah, a bereaved mother of a newborn baby, said: “I wish there had been information resources like this available for me, before I had to give evidence at my Midwife’s NMC hearing.  I was not at all prepared for how difficult and traumatic the fitness to practice process would be, and I had no effective coping strategies ready to draw on. 

 “I was shocked at how brutal, adversarial, and belittling the process felt, and by how harmful it was to me and my family. I hadn’t thought ahead about the purpose of cross examination or about taking care of myself and managing my emotions both during and after the hearing. This made it so much harder trying to move forwards with my life in the aftermath. 

 “This video will be so helpful as a starting point for both staff and families who are called to be witnesses in regulatory proceedings – it can be used to think about what will happen and how it might feel.  It will help people plan for and anticipate the hearing, feel more equipped to give their best evidence and get the right support set up in advance.”

Main image: Image shows a man looking at laptop and writing notes (image credit: Stock snap, Pixabay)