Blog
Kingsley Napley’s Medical Negligence Team ‘walks together’ with the Dame Vera Lynn Children’s Charity
Sharon Burkill
11 December 2012
Case Update: Houshian v General Medical Council [2012] EWHC 3458 (QB)
High Court terminates Interim Suspension Order imposed by IOP of GMC, finding that it was not a proportionate response in the circumstances.
29 November 2012
Case Update: R. (on the application of Chief Constable of Wiltshire) v Police Appeals Tribunal, [2012] EWHC 3288 (Admin)
High Court quash decision of Police Appeals Tribunal.
PW faced an allegation before a Misconduct Panel (the Panel) in July 2011 that he had breached the Standards of Professional Behaviour in 10 specific respects. In summary they were as follows: engaging in inappropriate and sexist text and email exchanges with his friend RM (including sending him a picture of a female work colleague and, on a separate occasion, sending him a text message that read ‘I’m here. Just waiting for the women to come and open up. I might rape her as there’s no one else here’), using his work email address to post inappropriate comments on a website, engaging in regular contact with RM who at the time was on bail for criminal matters (sexual activity with 14 year old), accessing a Niche record which related to the RM’s case and subsequently engaging in an email exchange with another officer regarding the case, and using his position as a police officer to gain membership of an angling club.
28 November 2012
Regulatory Press Round-Up: November 2012
- Health care regulators, including the GMC, the GDC, the GPC, the HCPC and the NMC, together with professional bodies and trade unions, have committed to “The Speaking Up Charter”.
- GMC report recorded, ‘The state of medical education and practice in the UK 2012’, that 23% more complaints were made about doctors in 2011 than in 2010, leading to 1 in 64 doctors being investigated by the GMC.
- GDC is urging dental professionals in the UK to give their views on its proposed new ‘GDC Standards of Conduct, Performance and Ethics’.
- SRA launched its consultation on Co-operation Agreements and has published the associated Whistleblowers Charter. They invite any views on co-operation agreements before 23 January 2013.
- Bar Council published the second edition of the Bar Barometer, an annual report on statistical trends within the Bar. Key facts presented in the report included a figure of 15,581 barristers who hold practising certificates in England and Wales.
*All information correct at time of press and can be accessed on each of the individual regulator’s websites
28 November 2012
Case Update: Ministry of Justice v Parry, Employment Appeal Tribunal, 14 November 2012
EAT consider application of art 6 to internal disciplinary hearings and right to legal representation.
The appellant employer appealed the decision of an Employment Tribunal (the Tribunal) that their dismissal of Ms Parry (P) from her role as a District Probate Registrar was unfair and wrong. They appealed on five separate grounds, the most relevant for present purposes relating to the right to legal representation.
19 November 2012
Case Update: Mould v General Dental Council [2012] EWHC 3114 (Admin)
Diclofenac dispensing dentist suspended for failing to comply with conditions.
The Appellant, an experienced dentist, sought to appeal a suspension imposed at a review hearing earlier in the year. The matter was first considered by a Fitness to Practise Committee in 2011, who found that his behaviour amounted to misconduct. Particulars of the allegation included, inter alia, prescribing, dispensing and administering pain killers (diclofenac sodium or Voltarol) to patients in circumstances where it was not permitted, and failing to co-operate with the GDC’s inquiry that ensued. The FTP Committee imposed conditions on the appellant’s registration for one year, directing a review of these conditions before their expiration.