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The need for fitness to practise panels to consider public protection issues when considering sanction

8th July 2011

The Council for Healthcare and Regulatory Excellence (CHRE) appealed a decision of the Conduct and Competence Committee of the Nursing and Midwifery Council (NMC) that the registrant, Paula Grant, was guilty of misconduct but that her fitness to practise was not impaired as she had addressed the issues identified as having caused the misconduct. The CHRE, with the support of the NMC, referred the case to the Administrative Court as it considered the Committee was unduly lenient in its findings.

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Is there an Article 6 right to legal representation at disciplinary hearings?

8th July 2011

G was employed as a music assistant at X school, where it was alleged that he had developed a sexual relationship with a 15 year old boy. If proved, the school would be obliged to refer G to the Independent Safeguarding Authority (ISA), who has the power to bar him from ever working with children again.

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Conditions upon practice: need a registrant provide direct evidence of restriction upon their ability to work?

8th July 2011

In October 2005, the appellant placed a chest drain in the wrong side of a patient’s chest. In April 2007, he was subject to a performance assessment. His practice was found to be a “cause for concern” in ten of the fifteen areas assessed.

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Admissibility of hearsay evidence in disciplinary and fitness to practise proceedings

8th July 2011

B, a consultant paediatric cardiologist, was accused of sexually abusing boys in Kenya. The criminal investigation against B was not pursued as only one of the alleged victims, A, supported the accusations.

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Second company charged with corporate manslaughter

7th July 2011

The CPS has announced that Lion Steel Ltd, a company based in Hyde, Manchester has become the second company to be charged with Corporate Manslaughter under the Corporate Manslaughter and Corporate Homicide Act 2007 (“the Corporate Manslaughter Act”).

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