Blog
Kingsley Napley’s Medical Negligence Team ‘walks together’ with the Dame Vera Lynn Children’s Charity
Sharon Burkill
Healthcare
An annual report on whistleblowing disclosures was published on 27 September 2023. This was a coordinated effort between the General Chiropractic Council, the General Optical Council, the General Medical Council, the General Dental Council, the General Osteopathic Council, the General Pharmaceutical Council, the Health & Care Professions Council, the Nursing & Midwifery Council and Social Work England. The aim of the report was to increase transparency around how regulators handle disclosures, how they respond to the issues and to improve collaboration across the healthcare sector.
HCPC
Revisions to the standards of proficiency
Revisions to the standards of proficiency for the 15 professions regulated by the HCPC were implemented on 1 September 2023.
GMC
New GMC standards make clear zero tolerance approach to sexual harassment
For the first time, the sexual harassment of colleagues has been explicitly covered in new professional standards by the GMC. The guidance states that doctors ‘must not act in a sexual way towards colleagues with the effect or purpose of causing offence, embarrassment, humiliation or distress’. This type of conduct includes, but is not limited to, verbal or written comments, the sharing or displaying of images and unwelcome physical contact. The standards also provide guidance on how a witness to these behaviours should act.
These new standards will come into effect on 30 January 2024.
NMC
Allegations of racism and culture of fear
An article published in The Independent has claimed that whistleblowing is ‘being ignored’ by the Nursing and Midwifery Council. The article alleges that the NMC’s failure to act has allowed nurses and midwives accused of serious sexual, physical and racial abuse to continue to work on wards. Andrea Sutcliffe, Chief Executive and Registrar, announced that there will be independent investigations into what senior whistle-blowers have described as a ‘culture of fear’, racism and harassment.
GDC
Launch of pilot to ‘improve proportionality and timeliness’ of fitness to practise processes
On September 4 2023, the GDC launched a six-month pilot program aimed at improving the initial phases of its fitness to practice processes. Its main objective is to improve proportionality and timelines. At the moment, GDC regulations require all issues relating to clinical practice to be referred from the initial assessment stage to assessment for an investigation, involving considerable resources and effort. The proposed changes would streamline the process by collecting only the information specifically required in each case.
Legal
Bar Standards Board
New guidance on barristers’ conduct in non-professional life and social media
The BSB issued new guidance on barristers’ conduct and social media on 20 September 2023 to clarify where regulatory boundaries lie in relation to conduct outside of the profession. The BSB stated that non-professional conduct is relevant to the BSB because the conduct of a barrister within their personal life can have an impact upon public confidence in the barrister or the profession. The revised social media guidelines seek to apply the rules and duties of the BSB handbook to social media and lists examples of inappropriate conduct.
SRA
Warning to immigration solicitors
The SRA has issued a warning notice to solicitors providing immigration services following the high-profile suspensions of three firms. Poor drafting of applications, advising clients to pursue without-merit appeals and helping clients submit false or exaggerated evidence to support applications have been identified as key issues in recent investigations. The warning notice reminds solicitors that honesty, integrity and upholding high professional standards are particularly important in immigration and asylum law, where clients may be especially vulnerable.
Finance (inc. Accountancy)
FCA
Announces a tougher approach to sexual harassment and bullying
In a consultation paper published on 23 September 2023, the FCA pledged to strengthen its stance on workplace sexual harassment and to improve D&I in the industry. This follows a succession of sexual harassment allegations in the City, including those against high-profile hedge fund manager Crispin Odey. The FCA stated that ‘non-financial misconduct’ was part of its ‘fit and proper persons’ test for regulated individuals and announced its intention to publish new guidance on ‘serious instances of harassment and bullying’.
Building
RICS
General Election Manifesto
RICS has published a manifesto for the built environment in the lead-up to the Labour and Conservative party conferences in October. The ‘Empowering a sustainable future’ manifesto details key proposals including the supply of rented homes, delivering a joined-up quality and sustainability strategy, and reviewing skills shortages to tackle targets.
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