Sexual misconduct, risk assessment and an application to terminate the General Medical Council interim order

Within the recent judgment of MXM v GMC (6 April), the Applicant, a doctor was successful in terminating an interim order for suspension under s.41A(10).   The interim order had been imposed on public protection and public interest grounds. The interim order had been imposed following allegations that the doctor (a GP) had had a sexual … Read more

Urgent Legal Defence for Healthcare Professionals Under Investigation: 5 things every healthcare practitioner under investigation should know!

When a complaint is raised about you with your regulator it can be a particularly difficult time for both you and those close to you. You may not know where to turn to for advice and representation. Your reputation and your ability to work, develop your career and earn an income within the profession that … Read more

Urgent Legal Representation for Nurses: 5 things every nurse under investigation by the NMC should know!

When a complaint is raised about you with the Nursing and Midwifery Council (NMC), it can be a particularly difficult time for both you and those close to you. You may not know where to turn to for advice and representation. Your reputation and your ability to work, develop your career and earn an income … Read more

Falling at the first hurdle: Interim orders, extensions and the correct test

The recent decision in the Scottish courts (10 March 2022, Court of Session) may be of particular interest to those that follow all things professional regulatory! The petitioner (the GMC) was seeking a further 12-month extension to an interim order that had been previously imposed by the IOT. However, within the reasoning provided, the petitioner … Read more

GMC publishes report on deaths during investigations

GMC publishes report on deaths during investigations. The impact of investigations on healthcare practitioners subject to investigation can be devastating and is brought into stark focus with this recently published report (3 March). A copy of the report which is only a short read can be found here: https://www.gmc-uk.org/news/news-archive/gmc-publishes-report-on-deaths-during-investigations

Sexual misconduct and suspension orders: proportionality, whether to review and the impact of an interim order?

The recent judgment of GMC v Ahmed [25 Feb], provides a helpful reminder of the principles to be applied in an appeal against sanction including where allegations relate to sexually motivated conduct. The case had concerned both clinical aspects as well as elements relating to sexually motivated conduct towards a patient. The General Medical Council … Read more

Application to extend an interim order – another warning from the Administrative Court?

Whilst unlike some other judgments relating to this issue, the recent judgment (12 January) in General Medical Council v Malik is not particularly critical of the applicant, it does further highlight the Court’s willingness to supervise and scrutinise proceedings where a ‘lengthy’ (12 month) extension is being sought by the regulator, particularly where the interim … Read more

Chris Pataky is made head of professional regulation at Clerksroom Chambers!

Managing Director of Clerksroom, Stephen Ward, said: “I am very pleased that Chris has accepted the role of Head of Professional Regulation. A specialist in this area, Chris has extensive experience of advising and representing clients across the full range of professional regulatory proceedings from healthcare to accountancy. Since qualifying as a barrister in 2009 … Read more

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