Press Round-Up: Regulatory and Professional Discipline - April and May 2024

Healthcare

 

GENERAL PHARMACEUTICAL COUNCIL (GPHC)

GPhC response to Healthwatch England report

Gisela Abbam, Chair of the General Pharmaceutical Council, responded to Healthwatch England's report, "Pharmacy: what people want," by highlighting the positive public perception of local pharmacies and their potential to expand services. She acknowledged the challenges of a decreasing number of pharmacies and medicine shortages. Abbam emphasized the importance of addressing the report's recommendations and mentioned that the GPhC is already discussing responses and plans to collaborate with Healthwatch England.

GPhC Chief Executive examines meaning of good clinical governance at Pharmacy Business Conference

At the Pharmacy Business Conference, GPhC Chief Executive Duncan Rudkin emphasised that good clinical governance is essential for pharmacies to provide safe, effective, and high-quality services. This follows a GPhC review identifying key drivers of good clinical governance in community pharmacies across Great Britain. Common themes of good practice included continuous learning, comprehensive governance, active team meetings, and strong clinical oversight. Rudkin stressed the importance of creating a professional culture, ensuring adequate and competent staffing, and supporting clinicians to maintain high standards of patient care.

GPhC launches consultation on the quality assurance of pharmacy education and training​

The General Pharmaceutical Council (GPhC) is seeking feedback on proposed changes to the quality assurance of pharmacy education and training. These changes aim to ensure that pharmacists and pharmacy technicians meet GPhC standards and provide safe, fair, and positive educational experiences. Mark Voce, Chief Strategy Officer and Deputy Registrar, emphasized the importance of maintaining high educational standards to ensure competent future practitioners. The consultation closes on 13 June 2024.

 

GENERAL MEDICAL COUNCIL (GMC)

GMC responds to the publication of the Infected Blood Inquiry’s final report

Charlie Massey, Chief Executive of the General Medical Council, responded to the Infected Blood Inquiry’s final report by acknowledging the immense suffering of patients and their families due to infected blood. He highlighted the failure of healthcare systems and the prolonged struggle for answers faced by those affected. Massey emphasized the need to learn from this tragedy to prevent future occurrences and stated that the GMC will review the report's recommendations for future action.

GMC, NMC and CQC release a joint statement in support for the implementation of Martha’s Rule by NHS England

The GMC, NMC, CQC support the implementation of Martha’s Rule by NHS England. This rule empowers patients, service users, and their families to request urgent reviews if their health deteriorates, ensuring their interests are central to decision-making for safe and effective care.

Martha’s Rule promotes person-centred, responsive care and aligns with professional standards like the NMC’s The Code and the GMC’s Good Medical Practice. The rule also encourages effective teamwork, mutual respect, and open communication, supporting a culture of learning and improvement. These principles are crucial for maintaining high standards of care and are integral to the CQC’s quality and safety assessments. The regulators commit to collaborating with healthcare professionals and families for the successful implementation and oversight of Martha’s Rule.

GMC updates guidance in cases where there is a low risk to public protection

The GMC has updated its guidance giving case examiners and fitness to practise decision makers more discretion to close complaints related to minor concerns that did not impact patient care. However, serious allegations of violence and dishonesty with potential risks to public protection will still be investigated. The changes aim to make investigations more efficient and proportionate, focusing on the overall risk to public protection and confidence in the profession.

Anthony Omo, GMC General Counsel and Director of Fitness to Practise, highlighted that the updated approach is more flexible and compassionate, reducing stress for doctors and ensuring swift resolution of non-risk cases. The guidance, effective from April 4, maintains public protection as a priority while avoiding unnecessary investigations.

More information can be found here.

 

NURSING & MIDWIFERY COUNCIL (NMC)

NMC endorses new framework to address emerging concerns

Health and social care regulators in Northern Ireland, including the NMC, are supporting a new intelligence sharing framework to enhance public protection. Sam Foster, NMC Executive Nurse Director of Professional Practice, emphasized that this collaboration will help identify and address concerns early, improving safety and maintaining trust in regulation.

 

GENERAL DENTAL COUNCIL (GDC)

The GDC welcomes the government’s consultation on provisional registration for overseas qualified dentists.

The GDC has welcomed the government's consultation on provisional registration for overseas-qualified dentists, seeing it as an opportunity for dentists to demonstrate their skills under supervision in the UK. They've published their response, suggesting amendments to ensure safe and effective implementation, focusing on areas like assessment, quality assurance, and alignment with existing regulatory processes. Stefan Czerniawski, Executive Director, emphasises the need for patient safety and effective support for internationally-qualified dentists, stating that while the proposed legislation is a step forward, detailed collaborative work is needed for successful implementation.

GDC extends and widens the scope of the fitness to practise initial inquiries pilot

The GDC has extended its initial inquiries pilot until October 2024, expanding criteria to include  registrants with concerns raised more than 12 months ago. Early signs show positive outcomes, with responsive dental professionals leading to quicker case closures. Of 127 cases opened, 58% were assessed, and only 10% were referred to case examiners. The average time for assessment was 12 weeks, meeting the target of 30 weeks. Theresa Thorp, Executive Director of Regulation, highlights the commitment to improving processes without compromising investigation quality.

GDC publishes fitness to practice data findings for improved performance and to support learning

Today, we are sharing findings from research aimed at maximizing the value of GDC fitness to practise data, crucial for enhancing public protection. Conducted by the University of Plymouth, the research involved analyzing case files, interviewing stakeholders, and reviewing existing evidence. Key findings include identifying trends among dental professionals and highlighting the complexity of risk analysis. These insights inform ongoing efforts to improve case progression and performance, including the development of performance measures and the initial inquiries pilot. Moving forward, our focus is on conducting a data maturity assessment to guide improvement priorities and enhance data recording for better understanding and prevention. These findings reinforce our commitment to leveraging fitness to practise data for meaningful learning and continuous improvement.

You can view the full research report here.

 

Legal

SRA

SRA publishes guidance on claims management activity and a warning notice on high volume financial service claims

Law firms handling financial product mis-selling compensation claims have been cautioned about maintaining professional standards, especially in high-volume claim processes. Concerns include obtaining proper client instructions and supervising staff adequately. The warning notice and guidance, issued after discussions with the FCA and FOS, address issues such as premature action without client consent, poor due diligence, and delays in response to client instructions. The guidance also covers working with third parties, fee levels, and explaining after-the-event insurance in no win, no fee cases.

SRA publishes a thematic review on firms' understanding of SLAPPs

The SRA released a thematic review examining law firms' understanding of best practices to avoid involvement in strategic lawsuits against public participation (SLAPPs), which misuse the legal system to inhibit public scrutiny or freedom of expression. The review included visits and file inspections across various regulated firms, excluding those under current investigation. Most visited firms demonstrated good awareness of SLAPPs, with many acknowledging changes in working practices following a 2022 warning notice. However, concerns arose regarding the lack of processes and controls when firms engage third parties. Paul Philip, Chief Executive of the SRA, emphasized the need for continual improvement and updated guidance. The review uncovered one potential SLAPP case under investigation, alongside ongoing inquiries into related matters. With input from stakeholders, an updated warning notice will soon be published based on the review's findings.

 

BSB

BSB widens its powers to protect the public

In June 2023, the BSB sought views on proposed changes to widen its powers and those of Disciplinary Tribunals to protect the public by restricting or suspending a barrister's ability to practice on an interim basis. In December 2023, they published a summary of responses and their response. Now, following approval from the Legal Services Board, they've implemented rule changes:

1. Disciplinary Tribunals can impose interim restrictions on a barrister's practising certificate or withdraw practising rights when misconduct is found but the sanction decision is deferred.
2. BSB's powers are extended to refer a person to an interim suspension panel if necessary to protect the public or in the public interest.

The updated BSB Handbook can be accessed here.

BSB publishes Fieldfisher review of its enforcement system 

Fieldfisher LLP conducted an extensive review of the BSB’s enforcement system, finding it generally aligned with industry standards but recommending various improvements. These recommendations include appointing a new executive role for continuous improvement, enhancing knowledge management, improving communication with the public, re-engineering processes and the Case Management System, and making changes to the BSB Handbook for clarity. The BSB has agreed to most recommendations and will implement them to enhance its effectiveness and public confidence in its regulatory role. The full report is available on the BSB website.

 

Finance

 

FCA

FCA publishes response to British Steel Pension Scheme complaints

The FCA investigated complaints regarding actions related to the British Steel Pension Scheme (BSPS), finding that 46% of transfers were unsuitable. In response, a redress scheme was implemented, with financial advisers required to assess if wrong advice was given and provide compensation. The FCA took enforcement actions against those responsible, resulting in 15 bans and fines totalling £8.87m. Despite complaints about the FCA's response, a decision letter was published, explaining the regulatory actions taken. While acknowledging lessons learned, the FCA upheld its actions as appropriate based on available information. The decision letter was made public to ensure transparency and accountability.

 

Student

 

OIA

OIA publishes their Annual Report of 2023

On 15 May 2024, the OIA has published their 2023 Annual Report which includes information about:

• The number and outcomes of complaints we received and closed
• Trends in complaints
• Examples of the student complaints
• How we share learning from complaints
• Collaborations within the higher education sector
• Organizational developments over the year

You can read the full report here.

 

OFS

OfS proposes new guidance on freedom of speech

The OfS has launched a consultation on new guidance for freedom of speech in higher education, ahead of new duties for universities, colleges, and students' unions starting in August. The guidance includes examples of compliance and breaches.

From August, a new complaints scheme will be available for those who feel their lawful free speech has been restricted, with the OfS able to recommend redress. The OfS is also consulting on changes to its regulatory framework to include these new duties. The consultation is open until 26 May 2024.

You can find more information here.