Professional Discipline & Regulation
Our barristers recognise the particular need for sensitivity and understanding when supporting professionals who face disciplinary proceedings.
We understand not only the financial ramifications but those to a professional reputation as well.
We assist a range of healthcare professionals, including doctors, optometrists, dentists, paramedics, dental technicians, pharmacists, midwives, physiotherapists, nurses, prosthetists, occupational therapists and radiographers.
We also represent other professionals before their relevant regulatory body, including academics, social workers, lawyers and teachers.
We provide representation and legal assistance to medical and healthcare practitioners before a number of regulatory bodies, including the General Medical Council (GMC), the General Dental Council (GDC), the Medical Practitioners Tribunal Service (MPTS), the Nursing and Midwifery Council (NMC), the Health and Care Professions Council (HCPC) and the General Optical Council (GOC).
We help to prepare a robust defence to the charges, or strong mitigation, to secure a favourable outcome at all stages of the process, including the investigation stage response to the allegations, by way of written submissions, review hearings, Interim Order Panel (IOP) hearings, Registration Appeal hearings, Fitness to Practise hearings, judicial review and appeals and Health Committee hearings.
We have defended professionals on a range of issues, including dishonesty, fraud, lack of competence, clinical failings, sexual misconduct (including inappropriate relationships with patients and service users, inappropriate touching and sexual assault of patients and vulnerable adults), criminal cautions or convictions (including motoring and alcohol or drug related driving offences), surgical errors and professional misconduct.
We are experienced in assisting clients in relation to alleged breaches of the GMC’s Code of Conduct for doctors (Duties of a doctor – ‘Good Medical Practice’), breaches of the NMC’s Code of Professional Conduct for nurses (Standards for Conduct Performance and Ethics), breaches of the HCPC’s Standards of Proficiency relevant to the registrant’s profession and Standards of Conduct, Performance and Ethics and physical or mental health matters that may impact upon FTP, including substance and alcohol abuse or dependency.
In addition to any proceedings before the relevant regulatory body, linked proceedings arising out of the same facts or circumstances may be faced. We offer legal advice, assistance and representation in a number of linked proceedings including disciplinary hearings before the employer, including NHS Trusts, as part of their internal disciplinary and grievance procedure, criminal investigations, inquests, Independent Safeguarding Authority (ISA) investigations, clinical negligence claims and Care Quality Commission (CQC) investigations.
We also represent student doctors, nurses and other medical and healthcare students in cases where they find themselves being investigated, or subject of Fitness to Practise proceedings whilst at university or denied registration at the end of their education.