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Kings View Chambers are pleased to announce that Stephen McCaffrey has been appointed as external counsel to the Nursing and Midwifery Council (NMC).

Stephen has been appointed based on his extensive experience in the field of nursing and midwifery law and regulation.

As external counsel, the NMC instructs Stephen to represent the nursing and midwifery regulator and to present cases at NMC fitness to practice hearings in Edinburgh, Belfast, Cardiff and London.

After the appointment, Stephen said: “I am absolutely delighted to be appointed as external counsel to the NMC.

“As a medical law and regulation barrister, I have gained extensive experience in defending and representing clients before regulatory hearings.

“This appointment allows me to further progress my specialism as a regulatory barrister.”

Stephen is joint head of Kings View Chambers. As a leading regulatory law barrister, Stephen has vast experience in defending all healthcare professionals in all courts and tribunals ranging from doctors, nurses, midwives and other healthcare professionals.

His experience includes defending and representing healthcare professionals including issues with registration, complaints, professional competence, health issues and allegations of misconduct.

When a nurse or midwife’s fitness to practise is alleged to have fallen below an expected standard, they may come under the scrutiny of the national regulator – the Nursing and Midwifery Council (NMC).

The NMC may instigate a Fitness to Practise (FTP) investigation to investigate a complaint or allegation of clinical misconduct, lack of knowledge or skills or criminal behaviour. The NMC will usually write to a nurse or midwife to inform them that they are subject to a FTP investigation. In some cases, an interim hearing can be called by the NMC depending on the seriousness of the allegation. At an interim hearing, the NMC can impose and Interim Order which can impose restrictions on the nurse or midwife’s work or suspend the nurse of midwife from the register in the interest of public safety whilst the case investigation is ongoing.

The nurse or midwife normally submits to the NMC a written response to the complaint or allegation which will be taken into account should the matter be referred to a formal hearing.

The NMC’s FTP hearing process consists of a number of stages:

• Facts and evidence;
• Misconduct;
• Impairment of fitness to practise; and
• Sanctions.

Expert legal advice and representation is essential to ensure the best outcome in NMC fitness to practise proceedings.

Whilst nurses and midwives can get legal advice from their union or professional health care body, it is important that nurses and midwives are aware of their right to choose their own representation.

For the best outcome in FTP proceedings, seeking expert legal advice at the earliest opportunity is vital. This will allow for adequate time to thoroughly prepare a response to the NMC. This is particularly important in cases involving both criminal law and professional regulation.

Kings View Chambers have gained a strong and excellent reputation for defending and representing nurses and midwives at all stages of NMC proceedings. From our years of experience, we have come to understand the stress you face when you are subjected to an NMC investigation and the consequences for your career, reputation and personal life.

What Kings View Chambers can do for you?

• We can draft a thorough and clear written response to the NMC on your behalf. A poor response or one that is submitted late can result in further complications and charges of not complying with the process. A well drafted written response can lead the NMC to conclude there is no case to answer.
• We can represent you throughout the investigation including at any interim hearings or full FTP hearings. Competent legal advice and representation can mean the difference between the NMC imposing sanctions and restrictions and not.
• We can act for you on any subsequent appeals following a NMC fitness to practise proceedings.
• We can advise you on any criminal law aspects of your case.

Kings View Chambers is pleased to announce that Joint Head of Chambers, Stephen McCaffrey, has been appointed as external standing counsel for TaxiFY.

TaxiFY is an Estonian ridesharing startup with over 2.5 million customers worldwide.

On Tuesday 5 September, TaxiFY had its first UK launch in London with over 3000 licensed drivers signing up to the service in the UK capital.

TaxiFY has previously concentrated on emerging markets in Eastern Europe and Africa but its influence and profile in the ridesharing industry has been growing. It recently announced a strategic partnership with Didi Chuxing in China which is the largest ridesharing firm in China.

Stephen is a renowned taxi and private hire licensing law barrister having achieved great success in defending and representing licence holders and companies across the country and at all levels from local authority hearings to appeals in the High Court. It is Stephen’s attention to detail, fierce advocacy and meticulous case presentation & strategy which has earned him his reputation and resulted in good outcomes for clients.

Stephen said: “I am pleased to have been appointed as standing counsel for TaxiFY. I look forward to working with the company as it expands it operation both in the UK and across Europe.”

I thoroughly recommend Catherine Stock to any nurse facing any regulatory issue. Catherine provides a titanium tower of strength through the most difficult of times. Please do not hesitate to call her. I was so relieved when I asked for a ‘second opinion’ on my case. The feeling of being entirely alone left me in an instant and for the first time in months Catherine gave me hope.

Catherine could have said it was ‘too late’, however, she did not. Catherine stepped in and provided more support and invaluable legal advice over and above the call of duty. Catherine is dedicated to nurses and this shines through when you speak to her. She has a great attention to detail and never loses the ‘human’ aspect of matters.

Catherine assessed my case very quickly and came to the crux of the matter in a remarkably short space of time. Catherine exercised due diligence and is very realistic, kind, and to the point. Her experience is wide reaching, as is her depth of understanding.

As a very respected former nurse and Clinical Director, Catherine provides an invaluable insight into the profession and provides a unique understanding into the challenges that nurse face on a day-to-day level. Catherine swiftly identifies any ‘blind spots’ in your case, she works tirelessly to keep you informed at every stage of the NMC process.

Catherine has achieved the very best outcome for me, and I cannot recommend her enough. Her aftercare support is second to none, and her services are extremely cost-effective. Please do not hesitate. Make the call. Your case will be assessed very quickly, and under no-obligation.

Kings View Chambers are there for you every step of the way. They keep you well informed about what is going to happen. I sincerely hope Kings View will be there providing support to the nursing profession for many years to come. The service provided is unique, individual, kindness itself, sees ‘the bigger picture’, whilst at the same time finds a way to connect with you as the individual from the very first phone call.

I cannot thank Kings View Chambers and Catherine Stock enough. A truly kind, sincere, and amazing service.

The GMC has recently issued a joint statement together with other regulators overseen by the Professional Standards Authority on handling conflicts of interest.

The guidance sets expectations for doctors in relation to avoiding, declaring and managing actual or potential conflicts of interest.

A conflict of interest can occur when someone’s judgement might be influenced, or perceived to be influenced by personal, financial or other interest.

The GMC expect doctors to put the interest of people in their care before their own interests, or those of any colleague, business, organisation, close family member or friend.

To maintain appropriate personal and professional boundaries with the people they provide care to and with others.

To consider carefully where conflicts of interest may arise or be perceived to arise and seek advice if you are unsure how to handle the situation

To be open about any conflict of interest you may face, declare it formally when appropriate and as early as possible in line with the policy of your employer or organisation contracting services.

Ensure your professional judgement is not compromised by personal, financial or commercial interest, incentives, targets or similar measures.

Refuse all but the most trivial gifts, favours or hospitality if by accepting them it could be interpreted as an attempt to gain preferential treatment or would contravene your professional Code of Practice

Where possible, ensure that patients have access to visible easy to understand information on any fees and charging policies for which you are responsible

There are scenarios where a conflict of interest is clearly recognisable but often Doctors feel they are acting without bias but their judgements and actions may be influenced by a conflict of interest. Various relationships between doctors and other entities are often important for many reasons however if a conflict does arise doctors should be honest and open about those relationships and connections.

Doctors should be able to recognise a conflict and ensure that the patient’s best interest remains paramount. They should further be aware of any potential damage to the reputation of the profession by the appearance of a conflict even though no such conflict may exist.

If you are a doctor who has been referred to the GMC because of issues relating to a conflict of interest we can help.

We also provide training in conflict of interest, professional boundaries and the Bribery Act.