Press Round-Up: Regulatory and Professional Discipline - January 2024

Healthcare

General Medical Council (GMC)

PSA Performance Review and updated Good Medical Practice

On 8 December 2023, the GMC published that a performance review by the Professional Standards Authority (PSA), covering the period from October 2022 to September 2023, concluded that the GMC met all 18 Standards of Good Regulation. The PSA’s report recognised the regulator’s continued work towards equality, diversity and inclusion targets, and progress made in other areas, such as improvements to the timeliness for the GMC’s fitness to practise processes.

The PSA also noted that the GMC had published an updated version of its professional standards for doctors – Good Medical Practice - which comes into effect on 30 January 2024.

 

Nursing & Midwifery Council (NMC)

NMC publishes updated guidance on freedom of expression

The NMC has published updated guidance that seeks to clarify freedom of expression for nursing and midwifery professionals. The guidance reaffirms that everyone has the right to freedom of thought, conscience and religion, and to freedom of expression. However, it is noted that there may be circumstances where a professional says or does something that could impact their fitness to practise. The guidance now includes examples to help decision makers approach cases in a consistent way, taking into account where and to whom comments were made, whether there is a link to someone’s professional practice or status as a nurse, midwife or nursing associate, and the way in which the views or beliefs were expressed.

 

General Dental Council (GDC)

GDC to apply for permission to appeal High Court Judgment

In a recent High Court judgment – Aga v GDC [2023] EWHC 3208 (Admin) – the Judge dismissed the Registrant’s appeal against a substantive suspension order but also allowed a new ground of appeal during the course of the hearing. In short, the High Court determined that the GDC’s interpretation and understanding of provisions relating to immediate orders and substantive suspension orders is incorrect.

The Court held that, where the PCC makes a direction for a suspension order pursuant to S.27B, and an immediate order under S.30, this does not create two separate, consecutive orders. Instead, the time spent under the immediate order must be “set off” or deducted from the time spent under the substantive order. The immediate order does not extend the period of suspension beyond that set by the PCC by way of sanction and in breach of the statutory maximum of 12 months. The Court held that the PCC’s determination in Mr Aga’s case was therefore wrong in law, for failing to include a direction that time spent under the S.30 immediate order was to be “set off” or deducted from the total suspension order.

Having considered the Judgment, the GDC has indicated that it intends to apply for permission to appeal.

 

Social Work England (SWE)

SWE issues statement following Judgment of the Employment Tribunal

A social worker who was suspended for sharing gender-critical views on social media has recently won an Employment Tribunal claim on the basis that the views shared were protected beliefs under the Equality Act. Ms Meade’s employer, Westminster City Council, apologised for the way she had been treated following her suspension on charges of gross misconduct.

Social Work England received a complaint and deemed the Facebook posts to be “discriminatory in nature” and started an investigation. The Case Examiners originally proposed a one year warning be imposed on Ms Meade’s registration; this was later withdrawn and the case discontinued.

Ms Meade took both organisations to an Employment Tribunal. In the Judgment, the Tribunal said that all of the Facebook posts and other communications fell within Ms Meade’s “protected rights for freedom of thought and freedom to manifest her beliefs”.

 

General Optical Council (GOC)

GOC publishes annual report for 2023

The GOC has published its annual report for the year ending March 2023. Highlights of the report include that the GOC has met all 18 of the Professional Standards Authority’s Standards of Good Regulation. The GOC has also launched an optical familiarisation programme to further develop the GOC’s collective understanding of optical care and service redesign through visiting different practices and settings around the UK. 

 

Legal

Bar Standards Board (BSB)

BSB proposes amendments to widen its powers to protect the public

In June 2023, the BSB issued a consultation document seeking views on proposed changes which would widen the powers of the BSB and of Disciplinary Tribunals to protect the public by restricting or suspending a barrister’s ability to practise on an interim basis.

On 14 December 2023, the BSB published a summary of responses to the consultation and the BSB’s response. Following approval from the BSB Board, the BSB has decided to proceed with the following rule changes, subject to approval by the Legal Services Board:

1.) Giving the Disciplinary Tribunal the power to impose interim restrictions on a barrister’s practising certificate, or the withdrawal of practising rights on an interim basis, where a finding of misconduct has been made but the decision on sanction has been deferred to a later date in order to protect the public and the public interest; and

2.) Extending the powers of the BSB to refer a person to an interim suspension panel, by adding a new ground for referral, where it is “necessary to protect the public or is otherwise in the public interest”.

A further update is awaited on when the rule change will come into force.

 

Finance

Financial Reporting Council (FRC)

FRC updates Corporate Governance Code

The FRC has updated the UK Corporate Governance Code following a consultation. The new Code will apply to financial years beginning on or after 1 January 2025.

The 2024 Code makes only small changes, with focus on audit, risk and internal controls. It outlines the board’s responsibilities when it comes to putting effective risk management and internal controls in place, and reporting requirements for their effectiveness. Provision 29 asks boards to make a declaration of effectiveness of material internal controls. Provision 29 will not come into effect until 1 January 2026.

The FRC has released two documents, Key Changes to the UK Corporate Governance Code and the UK Corporate Governance Code 2024 Mythbuster, the outline the changes.

 

Financial Conduct Authority (FCA)

FCA to undertake work in the motor finance market

In 2021, the FCA banned discretionary commission arrangements. The FCA has received a high number of complaints from customers to motor finance firms claiming compensation for commission arrangements prior to the ban. Following complaints to the Financial Ombudsman Service and claims in the County Courts, the FCA has announced it is using its powers under s166 of the Financial Services and Markets Act 2000, to review historical motor finance commission arrangements and sales across several firms.

The FCA has said that if they find there has been widespread misconduct and that consumers have lost out, they will identify how best to make sure people who are owed compensation receive an appropriate settlement in an orderly, consistent and efficient way and, if necessary, resolve any contested legal issues of general importance.