Graham Miles Partner
“He's very professional, well informed, thorough, well prepared and approachable.”
Graham specialises in regulatory law in our Cardiff office.
Main areas of practice
Graham has been involved in investigating and presenting professional conduct/ fitness to practise cases for more than 25 years. This experience includes cases involving nurses, midwives, pharmacists, pharmacy technicians, social workers, social care workers, solicitors and teachers. He is one of the partners currently leading the firm's team investigating cases involving nurses and midwives throughout the UK.
Both before and after the introduction of the Care Standards Act, Graham has advised on the regulatory provisions relating to nursing homes and independent hospitals. This includes advising on powers of inspection, potential prosecutions and the issuing of enforcement notices and information sharing arrangements.
In the field of social care, he investigates and presents cases involving social workers and social care workers in Wales on behalf of the Care Council for Wales. This involves regular appearances before Conduct and Competence Committees in substantive hearings. He also appears to present applications for interim orders. Graham has also assisted the Care Council in the drafting and revision of the Conduct Rules and the development of Fitness to Practise Rules which came into force in January 2014.
- Graham and the team have, for many years, acted for the Nursing and Midwifery Council and its predecessor body, in the investigation and presentation of all cases of professional misconduct arising in Wales.
- Graham has also advised Care Council for Wales, (the regulatory body for Social Care Workers) in the establishment of its Registration, Conduct and Training Rules and Codes of Conduct.
- In addition he frequently advises on the increasing regulation of a wider range of health care professionals, in relation to professional misconduct, professional competence and health considerations
- Graham has also represented a practitioner before the General Optical Council on conduct issued arising from the provision of domiciliary care to residents of care homes.
- He has recently conducted the first 3 professional conduct cases against teachers in Wales on behalf of the General Teaching Council for Wales. He has advised various organisations on the establishment of procedures for the referral of cases to the GMC and other professional regulatory bodies
Medical Law, Public Law and Human Rights
- Graham advised the HFEA in relation to Judicial Review proceedings brought by Mrs Diane Blood in the High Court and Court of Appeal.
- Graham also advised the HFEA in successfully defending Judicial Review proceedings brought by a licensed fertility centre and a patient alleging interference with Articles 6, 8 and 12 of the European Convention of Human Rights in relation to the restriction on the number of embryos used in treatment services.
- He advised the HFEA in relation to Judicial Review proceedings brought by a pro-life group challenging the grant of a licence permitting the testing and selection of embryos providing a tissue match with an existing child. The action was successfully defended in the Court of Appeal but is now subject to an appeal to the House of Lords.
- Graham gave evidence before a Select Committee of the House of Commons on the implications of human cloning following the birth of “Dolly the Sheep”.
- He has also advised on issues of confidentiality and disclosure of information arising from testing and screening for genetic and other disorders.
Related Knowledge & Resources
An appeal by the Professional Standards for Health and Social Care against the decision of the NMC not to pursue allegations that a Registrant was responsible for non-accidental injuries to her son and/or a failure to protect Baby A from harm.
The Divisional Court allowed the GMC’s appeal against the decision of the Medical Practitioners Tribunal (“MPT”) to suspend Dr Bawa-Garba’s registration for 12 months and substituted the sanction of erasure from the Medical Register.
This case concerns an appeal against the Respondent SRA’s Adjudication Panel, on the grounds that the panel’s finding of dishonesty were based upon a two-stage test of dishonesty, namely the objective and subjective test.