Blake Morgan's Professional Regulatory Bulletin - review of February 2016
Welcome to this month's professional regulatory law update. May I take this opportunity to mention our pending move to our new London office at New Street Square off Fetter Lane. Please click here to see the press release. We look forward to welcoming you to this wonderful new facility. We are planning a number of seminars for the Spring and Autumn and these will take place in our new offices. If we do not see you before these events take place, I hope you will join us for one of these training and networking opportunities.
This month's main case of interest is Davey v General Dental Council, a case in which the GDC was represented by our Associate Barrister Chris Pataky.
As you will see from Matthew Corrie's summary, this case is a reminder to Committees that an application for immediate suspension requires real thought and fully reasoned decision drafting with proportionality at its core.
The BSB has published a summary of responses to its consultation on the training requirements for becoming a barrister and a link to the press release appears below.
You will also see below in the GDC's press release that the GDC is seeking views on its plans to reform its fitness to practise processes. Many regulators have already introduced Case Examiners and the GDC's hope is that cases may be dealt with more efficiently and consistently.
Spring is here!
If you have any comments regarding the e-bulletin we would very much like to hear from you.
Please click on the links to view the recent key regulatory cases and press releases.
Davey v General Dental Council Queen's Bench Division [2015 WL 6757832]
This case looks at the distinction between the test for the imposition of an interim order and an immediate order as well as reminding committees of the need for careful consideration when an application is made on public grounds alone.
This case raises an interesting point in terms of there being a distinction between the test for the imposition of an interim order and an immediate order. It also provides regulators with a reminder that they should ensure that their decisions in regard to immediate orders are proportionate and fully and well-reasoned. Committees must ensure that when dealing with applications for both interim and immediate orders that they give careful consideration to the necessity for an order in circumstances in which an application is made on public grounds alone.
The effect of the immediate suspension order was that Mr Davey was suspended from 30th April to 9th September without it counting as 'served' in respect of the substantive 12 month order. Therefore it is vital that such orders are sought only in appropriate circumstances and that Committees consider the issue of an interim order separately to the decisions already made.
Key press releases include those from the: BSB, NMC, GPhC, GDC and the Bar Council.
People news includes those from the GPhC.