Hearing/Health Panel – Virtual, physical or hybrid hearing

a. Under its commitment to Equity, Equality, Diversity and Inclusion, BABCP recognises that there may be benefits to virtual hearings for both the Complainant and the Member. These benefits include reduced travel and childcare costs, and reduced time required for Panel attendance. However, it also recognises that some people will find it easier to engage with an in-person hearing.

b. Virtual hearings are hearings conducted entirely by video or audio link. Hybrid hearings are hearings conducted partly virtually and partly at a physical location. Physical hearings are hearings conducted entirely at a physical location, with all parties and witnesses giving evidence in person.

c. Panels will ordinarily be conducted virtually. The Panel may, on application by a party or on its own initiative, direct that a hearing be conducted in person or on a hybrid basis where it considers this necessary in the interests of justice or fairness, having regard to the factors set out in section 26(e).

d. The Panel may review and vary the method of hearing at any stage before the hearing, having regard to the circumstances at the time and the factors set out in section 26(e). Where the Panel varies the method of hearing, it will notify the Member and the Complainant accordingly.

e. A physical or hybrid hearing may be considered necessary where:

i. There is evidence which suggests that the integrity or fairness of the hearing may be compromised by a virtual hearing;

ii. The Member or any witness called to give evidence is unable to access or use the necessary technology for virtual or hybrid hearings;

iii. The Member or any witness called to give evidence would be required to participate in the hearing from a public place, or their home environment would make it difficult for them to participate effectively in a virtual or hybrid hearing;

iv. Any features of the case which make it difficult for it to be held virtually, such as difficulties in presenting physical evidence;

v. The impact of any disability or other vulnerability affecting any participants is significant. BABCP recognises that some individuals with protected characteristics may find it more difficult to participate effectively in virtual hearings, even with reasonable adjustments in place; and

vi. Any other matter relevant to the case that is likely to affect the integrity or smooth running of the hearing.