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

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Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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