header-logo header-logo

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

An alternative prescription

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—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

NEWS
Ministers have launched a consultation on a potential 10% rise in Crown Court advocacy defence fees
The Supreme Court has clarified the scope of a director’s duty, in a case where a chairman’s good intentions went awry due to the pandemic
Digital fraud is ‘baffling policymakers, investigators, prosecutors and enforcers’, leaving ‘a massive justice gap’, the author of a government-commissioned independent review has warned
Richard Lloyd’s independent review of the Legal Services Board (LSB) has delivered a devastating verdict, accusing the super-regulator of having ‘lost its way in recent years’
The House of Commons has passed the Hillsborough Law, in a historic achievement for campaigners, survivors and families of those who died in the 1989 stadium collapse
back-to-top-scroll