Contacted by a solicitor as a ‘witness’ wwyd?

[Zofloramummy]

Hi, I used to work in the NHS and had a long career with a mid management position, about 2.5yrs ago I had to report a colleague due to an incident which resulted in a patient being injured.

I provided all information at the time and eventually after internal investigation the colleague resigned. She is still registered to practice as far as I’m aware. My mental health took a battering as it was someone I had worked with for years and I felt very guilty.

About 8 months ago I lost my job, I got sacked on ill health grounds. I’ve since left the hcpc register and now work in education in a support role and I love it!
Today I’ve had an email from a legal company stating they are investigating a fitness to practice case and I’ve been identified as a potential witness. It also states that hcpc provided them with my email address.

Is that a breach of GDP? Also I really don’t want to get involved. That whole period of my life was awful and I felt my stomach flip when I opened the email and read it. Am I under any legal obligation to respond?

I don’t think it is a breach of GDPR as long as it was a lawful request (not an expert but I think it does sound lawful to me).

It isn't clear whether or not this is a GDPR breach. It depends on the basis on which the HCPC released your details to the legal company. If they are investigating on behalf of HCPC there is no problem. If they got a court order forcing HCPC to release the information to them there is no problem.

You are not under any legal obligation to respond. However, failure to do so may prevent HCPC taking any action against the individual concerned.

It's not a breach- I would assume the register is using this as an example of previous issues with practise and deciding whether they need to be removed from the register. You can contact them and ask if you can be subpoenaed to attend, or if it's voluntary. I understand wanting to put it all behind you, but if they are unsafe, you could help them to make a decision.

I’ve checked the register, the individual is still registered. So I bit the bullet and rang them, they’ve been employed by hcpc so no breach. They’ve asked for a telephone interview and possibly will be asked to attend to actual tribunal.

I know I have a moral duty but it’s still an awful process.

It is tough, but if no one ever stepped up to give their evidence to the court, what an unsafe and unjust world it would be.

If its nursing you can go to nmc hearings to get a feel for what is involved. The nmc also run a helpline for witnesses. You might not get called to appear in person so I would wait and see what the telephone interview says.

Maybe they need a statement for their own files and they cant use the hospital reports. I dont know but see what they say. The person may resign and voluntarily remove themselves from register anyway. This post might be quite identifying so maybe think about removing it.

I removed my earlier post as there was some identifiable info.

The person in question did resign. But they haven’t removed themselves from the register. Actually they have renewed their membership which means they have signed a declaration that states they are competent to practice and are up to date with practice

No one can force you to be a witness.

If you really don't want to get involved (for good reasons, from your account) then just tell them you are not prepared to comment, it was all a long while ago and you don't want to re-open a painful matter for the sake of your own health.

I thought if you were cited as a witness you had to attend
Solicitors normally ask but if you say no they can cite
If you are cited you must attend court

I thought if you were cited as a witness you had to attend

This is about fitness tp practice so is dealt with by the relevant professional body. The courts aren't involved so the OP cannot be compelled to attend.