BULLETIN: Professional regulatory law update - Review of August and September 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 August and September 2015.
Case Law Update
R (on the application Chaudhuri) v General Medical Council reminded the GMC of the importance of the consideration of the application of Rule 4(5) of the General Medical Council (Fitness to Practise) Rules 2004, known as the "five year rule" and the circumstances in which the GMC has the power to revisit their decision on the basis of a fundamental error. Regulators are encouraged to take responsibility earlier on in the process for any errors rather than leaving this to the Courts.
Please click here for the commentary on the Chaudhuri v General Medical Council Judgment and Gosalakkal v General Medical Council  EWHC 2445 (Admin) Judgment
In further Judicial Review proceedings, the GMC was successful in defending an application brought by Dr Banerjee, who was attempting to be restored onto the Register following a successful Voluntary Erasure application. In Mr Justice Walker's Judgment (R (on the application of Banerjee) v General Medical Council) the ability of the MPTS Panel to test a practitioner's evidence in an "inquisitorial" manner was considered and approved. It was deemed part of the role of the Panel to satisfy themselves of the merits of applications brought before them and this may include necessary cross-examination.
Regulatory Legal Update
Due to the ever changing scenery of the law on dishonesty and following on from July's edition featuring Kiani v Solicitors Regulation Authority - Guy Micklewright, Barrister has considered how this recent case fits into the current approach to dishonesty in regulatory proceedings. See Pitfalls for Panels and Prosecutors in Dishonesty Cases here.
PSA 'Rethinking Regulation' report
In August 2015, the Professional Standards Authority ('PSA') produced its long-awaited report regarding its view of the current state of regulation in healthcare. Considering the report concludes with the above quote, it should be clear that the report suggests some extreme changes to the current system even after, or perhaps despite, the Law Commission's 2014 draft bill that "set out only to tidy up what already existed".
Key Regulatory cases include:
- Gosalakkal v General Medical Council  EWHC 2445 (Admin)
- R (on the application Chaudhuri) v General Medical Council  EWHC 6621 (Admin)
- R (on the application of Banerjee) v General Medical Council  EWHC 2263 (Admin)
Regulatory Legal Update:
- 'Pitfalls for Panels and Prosecutors in Dishonesty Cases' by Guy Micklewright, Barrister.
- Review of the recent Professional Standards Authority paper 'Rethinking Regulation' by James Danks, Associate.
Key press releases include those from the: GDC; GOsC, GOC, GMC; ACCA; BSB; DoH; NCTL; Bar Council and GPhC.
People news include those from Royal Pharmaceutical Society, General Osteopathic Council and NMC.