Blog
Rayner my parade! The importance of specialist advice.
Jemma Brimblecombe
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”).
1 June 2011
Puri v Bradford Teaching Hospital
The case of R (on the application of Puri) v Bradford Teaching Hospitals NHS Foundation Trust [2011] EWHC 970 (Admin), considered whether or not a claimant’s Article 6 right to an impartial and independent hearing was engaged in disciplinary proceedings. On the facts it was held that Article 6 did not apply, as the decision of the Panel would not prevent Mr Puri practising as a doctor, but would only impact his current employment.