header-logo header-logo

10 January 2008 / Alexander Ruck Keene
Issue: 7303 / Categories: Features , Public , Profession , Employment
printer mail-detail

Two steps forward, one step back

Alexander Ruck Keene considers the role of human rights in the regulation of care professionals

One of the thornier questions in the regulation of care professionals is how to strike the balance between the interest of the public and the interests of the professional when allegations of misconduct are made. Most regulatory regimes provide for suspension on an interim basis while allegations are investigated. Two recent cases have cast light on the operation of those governing two of the most important categories of care professional: doctors and care workers.

 

 

MALIK

The first is R (on the application of Malik) v Waltham Forest NHS Primary Care Trust (Secretary of State for Health, interested party)

 

[2007] EWCA Civ 265, [2007] 4 All ER 832. Dr Malik was a general practitioner providing services to Waltham Forest NHS Primary Care Trust (PCT). He was required by statute to be on a performers’ list maintained by the PCT. He was suspended on full pay in

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

mfg Solicitors—Hayley Pearce & Lauren Williams

mfg Solicitors—Hayley Pearce & Lauren Williams

Law firm mfg Solicitors announces promotions at Ludlow office

Womble Bond Dickinson—Richard Sharpe

Womble Bond Dickinson—Richard Sharpe

Womble Bond Dickinson appoints partner in Leeds residential team

Brabners—six promotions

Brabners—six promotions

Brabners adds six to partnership in record year for partner promotions

NEWS
Calls to raise the age of criminal responsibility from 10 to 14 have been renewed, with the Bar Council arguing the current threshold criminalises children too early and risks pushing them towards lifelong offending
The legal profession's AI challenge extends far beyond fabricated case citations, according to a warning about the next phase of technological risk
Law firms should use the transition period before the Financial Conduct Authority (FCA) assumes anti-money laundering (AML) supervision to strengthen governance and compliance, experts have warned
Cross-border disputes increasingly demand creative approaches to gathering evidence, with litigators needing to look beyond traditional letters of request
A Court of Appeal ruling has clarified the distinction between contracts of 'indefinite' and 'perpetual' duration, with potentially significant implications for commercial drafting
back-to-top-scroll