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Legal Updates

12 September 2011

E-Regulator: Sharp v Nursing and Midwifery Council

Is a Panel entitled to undertake its own ‘detective work’ and take into account factors that have not been the subject of the allegations made against the Registrant, have not been adduced in evidence and have not been discussed during the proceedings when reaching their decision?

8 July 2011

Admissibility of hearsay evidence in disciplinary and fitness to practise proceedings

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.

8 July 2011

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

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.

8 July 2011

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

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.

14 June 2011

Kicking off the party season - Red tape or ticker tape?

After another long hard winter, operators in the UK have emerged blinking into the light to gear up for what they will hope will be a buoyant Spring and Summer trading period.

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