BULLETIN: Professional regulatory law update - Review of April 2015
Welcome to Blake Morgan's latest edition of the professional regulatory law update, our update of the important case law and news in the field of Professional Regulation. This month's edition looks at legal developments in April 2015.
The Professional Standards Authority in Professional Standards Authority v (1) The Health and Care Professionals Council and (2) Doree received a reminder from the High Court that it is not enough for them to show that a sanction is lenient – leniency may well be appropriate in the circumstances of the case. The sanction must be shown to be 'unduly' lenient applying the guidance in Ruscillo.
In a complex and intricate Judgment, Gilbart J determined that a fitness to practise panel was open to receiving new evidence prior to their decision being publicaly announced. Gilbart J did not however, extend this consideration to each and every case, but instead provided a set of guidelines for panels to rely upon when faced with such a dilemma.
Please see the link below for the Blake Morgan PRT Commentary on the:
- PSA v (1) HCPC and (2) Doree Judgment
- TZ V General Medical Council  EWHC 1001 (Admin) Judgment
Please click on the links to view the recent key regulatory cases and press releases:
The Professional Standards Authority v (1) The Health and Care Professionals Council and (2) Doree  EWHC 822 (Admin)
The Authority had contended that the mischief of the poorly drafted allegations could be dealt with by either the CCC amending the working of its own initiative, or inviting the HCPC to apply to amend it (or that the HCPC should have done so even without any invitation). Lang J was even more unimpressed with this contention, and stated "In my view, amending the charge retrospectively after the evidence had been heard and considered, in order to secure a guilty finding, would have been a gross breach of fair hearing procedure" (para 28).
TZ V General Medical Council  EWHC 1001 (Admin)
The Appellant was a Locum Senior House Officer in the Emergency Department of a hospital in London. An allegation was made by a female patient (Patient A), that on the 6th February 2010 he had spoken to her in a sexual manner and then sexually assaulted. The matter proceeded to criminal charges, and indeed a trial at Blackfriars Crown Court in December 2011, where the Appellant was acquitted.
Our Professional Regulatory team highlights key releases from April 2015 including NMC, GCC, RPS, GMC, NCTL, GOC, GPhC, FRC, CQC, BSB, RCVS and the Department of Health.