Regulatory Blog

8 July 2011

Conditions upon practice: need a registrant provide direct evidence of restriction upon their ability to work?

In October 2005, the appellant placed a chest drain in the wrong side of a patient’s chest. In April 2007, he was subject to a performance assessment. His practice was found to be a “cause for concern” in ten of the fifteen areas assessed.

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.

14 June 2011

Licensing appeals in the Spotlight

The right to appeal against the decision of a local licensing authority has recently been under the judicial spotlight. In particular, the courts have been grappling with the tricky question as to the extent to which the appeal court is entitled to hear evidence and decide the matter afresh. Important principles emerge which will be relevant to those involved in, and affected by, decisions under the Licensing Act 2003 (“the 2003 Act”).

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