Blog Post
Disciplinary processes: A pause between decision and sanction?
The Court of Appeal has handed down their judgment in Sanusi v General Medical Council [2019] EWCA Civ 1172, considering whether a Medical Practitioners Tribunal (MPT) should adjourn between its decision on impairment and sanction in the absence of the accused.
Blog Post
Promoting Professionalism, Reforming Regulation – the Government's latest consultation response
Five years since the Law Commission published its recommendations and Draft Bill for the regulation of health and social care professionals, the Department of Health and Social Care has published its response to the most recent consultation. While it contains some further details of how professional regulation will be reformed, including in response to the controversial Bawa-Garba case, it also suggests further consultations on other details.
Blog Post
Integrity v Dishonesty - Legal distinction or legal confusion?
The distinction between integrity and dishonesty in professional regulation continues to be in the spotlight. After a number of cases and commentary attempting to grapple with the concept of integrity in particular, Mostyn J in the case of Adetoye v SRA [2019] EWHC 707 (Admin) may have confused the issue further.
Blog Post
How is public confidence maintained when fitness to practise decisions are made?
On 11 June the Professional Standards Authority for Health and Social Care published its response to the Williams Review. The Williams Review had considered the law surrounding gross negligence manslaughter in healthcare and was triggered after the highly controversial case of Dr Bawa-Garba.
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Are integrity and honesty one and the same?
Following a multitude of case law, the Court of Appeal decided that lack of integrity and dishonesty are not synonymous in the context of a solicitor's professional conduct.
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Blockchain for regulators – what is it and how could it be used?
Blockchain is widely recognised to be one of the most exciting and potentially transformative technologies around at the moment, but a lot of people outside the technology and finance spheres do not really understand what it is, why there is so much hype or how it can be used. Here we begin to speculate on how it could be used in the world of professional regulation.
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Public and Regulatory Group predictions for 2017
As we enter 2017 the Public and Regulatory team at Fieldfisher has been considering its predictions for legal developments in the sector in the year ahead. Here are a few of the areas we think are "ones to watch".
Blog Post
Doctor v Patient: Balancing the data privacy question
By Daniel Langley, Solicitor Dr DB v. General Medical Council [2016] EWHC 2331 (QB). A recent judgment of the High Court (relating to a complaint about a doctor to the GMC) indicates that in matters concerning personal data, it is imperative to consider that: (1) there must be a balance between each respective data subject; (2) in the absence of consent, the rebuttable presumption is against disclosure; and (3) if it appears that the sole or dominant purpose is to obtain a document for the purpose of a claim against the other data subject, one should favour refusal.
Blog Post
A new regulator for social workers in England?
On 20 May the Children and Social Work Bill 2016 had its first reading in the House of Lords. Among other provisions, it includes enabling legislation for a new regulator of social workers in England, taking over from the Health and Care Professions Council (HCPC).
Blog Post
The Government responds to the Law Commission report on the Regulation of Health and Social Care
The Government has published its response to the Law Commission, the Scottish Law Commission and Northern Ireland Law Commission's report on the Regulation of Health and Social Care. This blog