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Sanctions Guidance is not a score sheet – Court of Appeal findings from GMC v Gilbert & PSA
Jessica Etherington
The new Code of Ethics is a product of four years’ work by the UKCP and replaces the previous version, Ethical Principles and Code of Professional Conduct, which was implemented some 10 years ago. The new Code comes into force on 1 October 2019. This means that any complained-of-behaviour that occurs on or after 1 October 2019 will be judged against the new code but conduct that occurs before that date will be judged against the old code.
At the end of last year, the BACP finally published its long awaited revised Professional Conduct Procedure (PCP). Having consulted on amendments to the PCP as far back as 2015, the sheer length of time it has taken to unveil the revised procedure has not gone unnoticed by the Professional Standards Authority (PSA) who only renewed the BACP's accreditation on the condition that the new PCP be published before the end of 2018. The new PCP only applies to complaints received on or after 1 December 2018.
A paper published by the Professional Standards Authority (“PSA”) last week entitled “Telling patients the truth when something goes wrong” (“the Paper”) addresses the progress of regulators in the Health and Social Care sector in embedding the professional duty of candour over the past 5 years. The Paper highlights the role regulators have played in the development of the Duty of Candour and it’s recognition throughout the Health and Social Care Sector.
On 23 May 2018, a Conduct and Competence Committee ("the Committee") of the Nursing and Midwifery Council ("NMC") determined that the appellant’s fitness to practise as a midwife was impaired by reason of her misconduct and that the appropriate sanction was an order striking her off the register.
On 13 December 2018, the Court of Appeal handed down its judgment in an appeal by the General Medical Council (the GMC) against a decision made by the High Court to allow an appeal by Dr Hayat. Dr Hayat had been erased from the medical register in February 2017. You can access our blog on the previous High court decision here.
Jessica Etherington
Tajmina Begum
Sophie Tang
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