Blog
Rayner my parade! The importance of specialist advice.
Jemma Brimblecombe
27 November 2014
Doctors' quick guide to the Duty of Candour
New regulations come into force today designed to fundamentally change the way that NHS bodies act after a notifiable safety incident (NSI). Implemented following a Francis Inquiry recommendation, the new duty of candour is central to the government’s vision of a new NHS culture of openness, support and a commitment to learn from mistakes.
26 November 2014
Case Update: High Court considers how to strike the appropriate balance between a registrant’s right to privacy as against the public interest in the regulator having access to relevant material
R (Nakash) v Metropolitan Police Service; General Medical Council [2014] EWHC 3810
The Claimant in this application invited the Court to prohibit the disclosure by the Metropolitan Police Service (MPS) of material requested by the General Medical Council (GMC) on the basis that; it was unlawfully obtained by the police, in breach of the Claimant’s Article 8 rights; that it included material of a highly personal and confidential nature; and that the material had no relevance to the issue of the Claimant’s fitness to practise as a doctor.
11 August 2014
GMC Consultation on Draft Order – taking up the torch of the Law Commission reforms in the absence of government action?
On 31 July 2014 the Department of Health (DoH) published their consultation paper, The General Medical Council and Professional Standards Authority: Proposed changes to modernise and reform the adjudication of fitness to practise cases , the aim of which is to ‘strengthen and modernise the GMC’s adjudication systems’. Annexed to the consultation document, which poses various questions to those potentially affected by the changes, inviting comment, is the draft Order; The General Medical Council (Fitness to Practise etc.) and the Professional Standards Authority for Health and Social Care (Referrals to Court) Order 2014 The Order amends the Medical Act 1983 and National Health Service Reform and Health Care Professions Act 2002 to implement the key reforms.
The reforms are said to be designed to increase the separation between the investigation of fitness to practise cases and adjudications, strengthen and modernise the GMC powers and implement changes to the power of the Professional Standards Authority (PSA) to refer cases to higher courts.
26 June 2014
Health Committee supports HCPC on negative register proposals
This week we have seen the Health Committee publish its first report on the work of the Health and Care Professionals Council (HCPC). On 7th January 2014 the Health Committee held an accountability session with the HCPC. This session forms part of the Committee’s regular programme of accountability sessions with health and care regulators. The Professional Standards Authority (PSA) reported to the Committee that in 2012-2013 the HCPC met all its standards of good regulation. It commented that the HCPC’s performance was particularly notable as it has completed the transfer of social workers from the General Social Care Council during this time. The Committee reiterated the PSA ‘s view that the HCPC operates as an effective regulator.
5 June 2014
Case Update: Professional Standards Agency for Health and Social Care v General Medical Council, unreported
High Court finds that fitness to practise panel’s failure to find misconduct was unduly lenient.