header-logo header-logo

30 August 2021 / Nicholas Hall
Issue: 7946 / Categories: Features , Procedure & practice
printer mail-detail

Fitness to practise panels—are they as robust as they should be?

Nicholas Hall considers the relevance of inquest proceedings in fitness to practise proceedings in professional discipline law
  • It has been a longstanding principle that the conclusions of another body are not relevant to the panel’s findings when determining the fact stage in fitness to practise (FTP) proceedings.
  • However, the recent case Towuaghantse v GMC (2021) suggests that coroners’ findings in inquest proceedings, including their narrative conclusions, are relevant.

A development in the recent case of Towuaghantse v GMC [2021] EWHC 681, [2021] All ER (D) (Mar) has the potential to dramatically affect the relationship between regulatory tribunals’ fitness to practise (FTP) proceedings and other tribunals, such as inquest hearings. It is now likely that narrative conclusions from other courts are admissible as evidence in all three stages of FTP proceedings (fact-finding, impairment and sanction).

The question remains whether, in practice, FTP panels will be robust enough to make contradictory conclusions on the evidence available to them. If so, this raises the concern that FTP panels

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

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
back-to-top-scroll