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19 February 2016

The full story behind the UKCP accreditation suspension by the PSA: confessions of a Regulator

It was interesting to belatedly learn that the United Kingdom Council for Psychotherapy’s (UKCP) accreditation with the Professional Standards Authority (PSA) was recently re-instated having been suspended by the PSA in November 2015. The PSA, the regulators’ regulator, had been forced to suspend the UKCP’s accredited register and impose conditions as an interim measure arising out of concerns that the “UKCP’s pace of action on previous recommendations did not give it sufficient confidence”.

10 February 2016

Case summary: Are disciplinary panels, in their quasi-judicial functions, immune from legal action?

20 January 2016

P v Metropolitan Police Commissioner [2016] EWCA Civ 2

Before:
LORD JUSTICE LAWS
LORD JUSTICE LEWISON
LORD JUSTICE CHRISTOPHER CLARKE

The Claimant was a serving Police Officer. She was assaulted in 2010 and as a consequence suffered Post Traumatic Stress Disorder (PTSD). On 12 September 2011, the Claimant, whilst intoxicated, was involved in an incident which led to her arrest. Following a disciplinary investigation, the Claimant was brought before the Police Misconduct Board (the Board), where the Claimant accepted that she was guilty of the alleged misconduct. In her mitigation, she relied on her good employment record and asserted that her behaviour was affected by her PTSD. On 12 November 2012, the Board dismissed her from the Police Force without notice. 

9 February 2016

Case update: Dishonesty removes another doctor from the medical register

Dr Sathiyakeerthy Ariyanayagam v General Medical Council [2015] EWHC 3848 (Admin)

25 January 2016

Before Mr Justice Garnham

Dr Ariyanayagam (the Appellant) appeared before a Fitness to Practise Panel (the Panel) of the General Medical Council (GMC) in July 2015. The Panel concluded that the Appellant, in contravention of his contract of employment, was absent from work on 91 days, in the period of 2011 to 2013. It is of note that 18 dates advanced by the GMC were not found proven. The Panel went on to find that the Appellant’s forgoing actions were dishonest.

The Panel found current impairment, and struck the Appellant from the medical register.

Shannett Thompson

3 February 2016

‘The Senior Managers’ Regime: the end of the ‘regulate/de-regulate’ cycle?

In recent times, the regulatory spotlight has been focussed strongly on the UK’s financial industry. The global financial crisis in 2008 not only caused turmoil in the markets and the world economy; it also led to many questions about regulation and accountability. Questions of who was responsible within banks; why did the regulators not step in; and how can such an event be prevented in the future were aired frequently.

This article was first published in the Association of Regulatory & Disciplinary Lawyers Winter 2015/2016 Bulletin, and has been republished with the kind permission of the copyright owner.

Julie Matheson

3 February 2016

Case update: High Court reemphasises the significance of a finding of dishonesty against a professional by overturning Panel’s determination

This was an appeal to the High Court against the decision of a Fitness to Practice Panel (the Panel) of the General Medical Council in respect of a number of factual findings, including a finding of dishonesty, which had resulted in a direction for the appellant to be erased from the medical register.

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