General Osteopathic Council (GOsC) Barristers
We are leading General Osteopathic Council (GOsC) defence barristers specialising in healthcare law and defence and have gained an excellent reputation for representing and defending osteopaths facing GOsC fitness to practise proceedings.
We are leading General Osteopathic Council (GOsC) defence barristers specialising in healthcare law and defence and have gained an excellent reputation for representing and defending osteopaths facing GOsC fitness to practise proceedings.
Expertise
We have gained a reputation for being “hands on” giving direct and realistic advice.
Because of our experience in the criminal courts and other adversarial tribunals our special expertise is at contested hearings. However good strategy has meant that more often our clients are not even reaching that stage of proceedings.
We have acted on behalf of osteopaths working in a variety of settings. Our experience includes osteopaths on issues of conduct, competence and health.
Contact us today for an initial free and no obligation consultation.
The General Osteopathic Council
The General Osteopathic Council has a duty under the Osteopaths Act to investigate concerns about osteopaths and to identify whether a concern is legitimate and needs to be investigated. Fitness to practise concerns fall within one of a number of categories (or allegations) as defined by law, including:
- conduct has fallen short of the standard required;
- professional incompetence;
- conviction of a criminal offence; and
- serious impairment because of physical or mental health.
GOsC Fitness to Practise Process
The GOsC carries out an initial assessment, called a triage, of every concern it receives to determine whether it falls into one or more of these categories. This initial assessment serves to gather information which is detailed enough to allow a caseworker, an osteopath member of our Investigating Committee, to reach a reasonable opinion on whether or not the concern is capable of amounting to an allegation.
This initial assessment will depend on the nature of the concern. For example, it might involve an expert report if the concern is about clinical practice, or an assessment by a GOsC medical assessor if the concern is about your health.
The outcome of the initial assessment is then passed to a ‘screener’. A screener will use criteria to decide whether the concern is one the GOsC can deal with. Concerns that would not generally amount to an allegation include:
- complaints about note-taking and record-keeping alone;
- vexatious complaints (these may include if the concern is trivial or mainly intended to harass or annoy, or if there is a personal grudge);
- complaints that relate to employment disputes;
- complaints that relate to contractual disputes; and
- complaints that relate to disputes between osteopaths and patients about fees or the costs of treatment.
If the screener decides that we have the power to deal with the complaint, the case will be referred to the Investigating Committee.
The screener will write a report, which sets out:
- the allegation;
- the relevant osteopathic practice standards that apply; and
- any further information that may be needed.
The committee meets in private and is helped by a legal assessor (a person qualified to give the committee advice on the law) to consider cases on the papers.
If the committee decides that:
- there is a case to answer, a public hearing will be arranged before our Professional Conduct Committee;
- if the matter relates to your health, the Investigating Committee will refer the case to the Health Committee;
- there is no case for you to answer, the case will be closed.
Interim Suspension Order Hearings
In serious cases, where the concern presents a risk to patient or public safety, the Investigating Committee can impose an interim suspension order. While this suspension order is in place, you will not be able to practise as an osteopath. The committee can impose an interim suspension order for up to two months.
The Investigating Committee may also agree ‘undertakings’ with you. Undertakings are binding written promises that you agree to which will voluntarily restrict your practice until the final decision about the allegations against you is made.
Legal Representation
Throughout the General Osteopathic Council’s fitness to practise process, there is opportunity for osteopaths to engage and respond. Early and robust engagement is often key to an early resolution to concerns raised.
The GOsC recommends in its guidance that “You should … get your own independent legal advice about the complaint and our request for your response as soon as possible.”
Contact us today for an initial free and no obligation consultation.
News and Blog
No sanction for doctor MPTS fitness to practise case
Stephen McCaffrey successfully persuade MPTS to impose no sanctions for doctor in case involving allegations of dishonesty and intimidation.
Early resolution for pharmacist facing GPhC fitness to practise investigation
This case involved a pharmacist facing fitness to practise investigation by the General Pharmaceutical Council (GPhC) for allegations of drink driving.
Success for doctor in GMC fitness to practise case involving clinical practise
Dr SA accepted allegations relating to his clinical practise in a field of expertise that he no longer practises.
Success in HCPC fitness to practise case for paramedic
Kings View Chambers represented a paramedic facing Health and Care Professions Council (HCPC) fitness to practise proceedings.
Kings View Chambers success in HCPC case for Speech and Language Therapist
In this case, the Speech and Language Therapist faced allegations of failure to assess and document assessments.
I had a rather complicated case with very serious allegations. After thorough research I was fortunate to find Kings View Chambers. They were honest and upfront in their review of my situation from the outset, giving practical advice as to the best way forward and reasonable and affordable costings.
Speak to us today
If you have been notified by the GMC that you’re under investigation or are facing difficulties with your registration, call us today for a free initial consultation.