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Private prosecutions – A route to justice for the charity sector
Sophie Tang
Last month, SSP Health Limited (SSP), a service provider operating GP practices in England, won a judicial review challenge in the High Court against the Care Quality Commission (CQC). The case concerned the fairness of the CQC's complaints procedure and as a result the CQC is said to be considering the recommendations made by the Judge.
Professional Standards Authority for Health and Social Care v the General Dental Council and AB [2016] EWHC 2154 (Admin)
The tooth whitening industry continues to grow in the UK, thanks in part to celebrity culture. As a result, targeting and eradicating practitioners undertaking illegal tooth whitening continues to remain a key focus for the General Dental Council (GDC). The GDC is the statutory body responsible for regulating the dental profession. Just a cursory scan of their website reveals that there have been seven successful prosecutions between June and August of this year alone.
Professionals who have disciplinary findings made against them by their employer and who are subsequently referred to their regulatory body, often fear that this spells the end of their career. There can be a concern that the conduct committee of a regulatory body will simply adopt the decision made at local level and that the professional will inevitably be struck-off following a dismissal from a substantive post. However, as emphasised by the judgments referred to below, this need not be the case.
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