header-logo header-logo

An alternative prescription

20 October 2011 / Stewart Duffy
Issue: 7486 / Categories: Features , Regulatory
printer mail-detail

Stewart Duffy examines the standard of proof before regulators of the healthcare professions

Prior to 2008, the major statutory regulators of the healthcare professions had applied the criminal standard of proof in determining allegations of misconduct against practitioners. They had done so as a matter of custom and practice in a statutory vacuum. In July 2008 Parliament passed the Health and Social Care Act 2008, s 112 of which requires disciplinary panels of the General Medical Council (GMC), General Dental Council (GDC), Nursing and Midwifery Council (NMC) and General Optical Council (GOC) to apply the standard of proof which “is that applicable in civil proceedings” (the new rule). That was the same language which the GMC had adopted several months earlier when it amended its Fitness to Practise Procedure rules.

The new rule could easily have been expressed in different terms. The statutory rules governing police disciplinaries and school exclusion decisions expressly require facts to be proved “on the balance of probabilities”. That was not the formula adopted by Parliament for the healthcare regulators. Nonetheless,

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gibson Dunn—London partner promotions

Gibson Dunn—London partner promotions

Firm grows international bench with expanded UK partner class

Shakespeare Martineau—six appointments

Shakespeare Martineau—six appointments

Firm makes major statement in the capital with strategic growth at The Shard

Myers & Co—Jess Latham

Myers & Co—Jess Latham

Residential conveyancing team expands with solicitor hire

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
back-to-top-scroll