professional regulatory monthly ebulletin - review of
August 2010
Welcome to Blake Lapthorn solicitors' professional
regulatory law update, our at-a-glance guide to the important case
law and news in the professional regulatory field. Below are cases
related to August 2010.
Topics include:
- regulatory cases
- press releases
- people
- consultations
Please feel free to email Stephen Murfitt with any
feedback in relation to this month's update. Additionally, if you
would like to receive further information in relation to any of the
cases or developments referred to below, please e-mail him and he
will be pleased to assist. Click on the link to view
past professional
regulatory ebulletins.
Please click on links to view.
At stage one of fitness to practise proceedings, the Committee is required to make material findings of fact and in doing so are confined to the heads of charges. Material findings of facts, which in themselves could have been the subject of a charge, but which were not so pleaded, could not stand. Furthermore, it is well established that the charges should be precisely framed and that the evidence should be confined to the particulars in the charges.
The Committee had acted properly in refusing the appellant's application for restoration, taking into account the evidence submitted by the appellant and concluding that he had deliberately sought to mislead the Committee in respect of grades awarded as part of training which he had undertaken.
An assessment as to whether or not an individual had had a fair hearing was dependant on an examination of the context of the proceedings, including the sanctions available and the consequences thereof. In the present case a breach of procedural requirements under the Rules was such that the claimant had been prejudiced and subject to an unfair hearing.
We highlight recent press releases from a number of regulatory sources, including the GMC, the General Pharmaceutical Council, the Royal College of Veterinary Surgeons and the Nursing & Midwifery Council.
An overview of new appoinments and movers in the professional regulatory field, including those in the General Ostepathic Council and the Law Society.
August's consultation by the Department of Health on the future of the OHPA.
