Judicial review finds in favour of Hearing Aid Council
HAC guidance upheld following judicial review by registered employer 29.1.09 12.05pm
The High Court has dismissed an application by Hidden Hearing Ltd to require the Hearing
Aid Council to withdraw guidance issued in February 2008. The guidance sought to explain
recent changes to the regulations governing the dispensing of hearing aids in the UK. Hidden
Hearing objected to a list of activities that the Council suggested may fall within the statutory
definition of dispensing and would, if they did fall in to that statutory definition, need to be
undertaken only by registered hearing aid dispensers.
In the lead up to the court case, the Hearing Aid Council took all appropriate steps to resolve
the issue outside the courts. This included offering pre-mediation and mediation talks.
Ultimately, these attempts failed. The Hearing Aid Council resisted the challenge by Hidden
Hearing in the belief that allowing unregistered and unqualified people to fit hearing aids
would put consumers at risk. The Council has a public duty to protect the public. It does this
by publishing standards of education and training which individuals must meet to register as
dispensers and regulations governing the dispensing of hearing aids. For some time, its
regulations have stated that dispensing includes fitting hearing aids.
Defending Hidden Hearing’s case has cost the Hearing Aid Council almost £115,000 in costs.
To protect its registrants, the Hearing Aid Council asked the High Court to make an award of
costs against Hidden Hearing. The High Court has ordered Hidden Hearing to pay the
Hearing Aid Council’s costs on the standard basis, which does not include submission or
management costs.
Chris Hughes, HAC Chairman, welcomed today's verdict:
"This judgment wholly vindicates the Hearing Aid Council but more importantly safeguards all
we have done to protect people buying hearing aids. I am delighted by the outcome of this
case. At every stage in the litigation we have acted carefully and prudently and sought to
resolve this case without a hearing. However we have a fundamental duty to ensure that
consumers are protected and that the system of regulation ensures that standards of
education, training and conduct for those who dispense hearing aids continues to do this.
“Had Hidden Hearing been successful in challenging this guidance, it would have diminished
the high standard of public protection the Council has built up over many years by working
with dispensers and consumers. It is high standards of education, training and conduct that
give people the confidence to invest significant sums in better hearing.”