professional regulatory monthly ebulletin - review
of September 2012
Welcome to our latest edition of the professional regulatory
law update, our at a glance guide to the important case law
and news in the professional regulation field over the previous
Litigation in the High Court in respect of interim orders
continues unabated this month. Of particular interest is Perry
v NMC which was a case seen by the Royal College of Nursing as
a challenge of particular importance to the wider nursing
profession. The underlying issue for the RCN was that since the
Standard Operating Procedure promulgated by the NMC in July 2011
was introduced Interim Order Panels in following it were imposing a
higher number of suspensions than previously and fewer conditions
of practice orders. The High Court held, significantly, that in
Perry the SOP had indeed improperly fettered the Panel's
discretion. One imagines that the weight placed by Panels on this
document in future may well be reduced. It is perhaps a timely
reminder that, ultimately, any guidance produced by regulators to
assist Panels, however helpful, is just that.
Please click on the links to view this month's key regulatory
case and press releases.
It was not inappropriate for the High Court on an application for extension of an interim suspension order to have regard to the fact that should an application for an extension be refused it was open to an Interim Orders panel to impose conditions.
The reasons given for the decision by an Interim Orders Panel to suspend were adequate. However, 18 months was a disproportionate length of time for which to impose an interim suspension order.
The Standard Operating Procedures given to Interim Order Panels by the NMC operated as an unlawful fetter on the Panel's decision not to order a conditions of practice order and order suspension instead.
We highlight key press releases from September 2012, including those from the GMC, CIPFA, SRA, NMC, GPhC, ACCA, FRC, HCPC and GDC.
We look at people news during September 2012, including from the GMC, Jockey Club Racecourses and Care Quality Commission.
Please feel free to email Guy
Micklewright 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 email him and he will be pleased to
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