HCPC registrant avoids suspension
Kings View successfully resists HCPC application for immediate suspension for client accused of lack of competence alongside integrity issues.
Kings View successfully resists HCPC application for immediate suspension for client accused of lack of competence alongside integrity issues.
WN instructed Kings View Medical Defence two days before her hearing for the purposes of an Interim Order Application by the Health and Care Professions (HCPC) which involved allegations of lack of competency alongside integrity issues relating to documentation and patient notes.
The HCPC were determined to pursue all allegations and wanted an immediate suspension for an 18-month duration.
We worked through the case and immediately identified serious evidential deficiencies. We gathered targeted evidence and after strategic decisions about what to serve at this stage argued that the basis for the dishonesty allegations was incoherent and inconsistent. We further argued that, but for some gaps in knowledge which were accepted, the allegations had no basis whatever.
The HCPC argued there were no conditions which could be imposed. We disagreed and offered a package of conditions which our client agreed with entirely. The Health and Care Professions Tribunal’s Interim Order panel agreed with the entirety of our submissions. They found no basis for the integrity allegations and accepted the submissions we made regarding the competence concerns.
Fitness to practise defence barrister, Stephen McCaffrey, said:
“Although this was a last minute instruction, it still shows the benefit of representation and an agreed pragmatic approach. Had we argued for no order in this case, the result would undoubtedly have been a suspension. This would have been devastating for our client well beyond her immediate career.”
WN said:
“Stephen McCaffrey has been absolutely amazing when helping with my case. He was very thorough when preparing everything and additionally worked late during the evenings. He displayed extensive legal knowledge that allowed us to win the case. He was very understanding and supportive.
“I am grateful for all the support he has given and I would highly recommend using Kings View Chambers.”
Is legal representation the answer?
It is widely accepted and proven that legal representation makes a real difference to the outcome of investigations and results in lesser sanctions for doctors.
What is also unquestionably clear is that GMC investigations and MPTS hearings are complex, daunting, prolonged and legalistic leaving doctors stressed and anxious. Where legal advice and representation can have the biggest impact on this, is helping doctors understand the process, what to expect and how to engage with the GMC during an investigation and hearing.
Research has shown that registrant’s engagement and legal representation can impact on decisions about seriousness, and that the lack of legal representation has been identified as being associated with more severe sanctions outcomes in fitness to practise cases, stating:
“Legal representation was seen as important by participants because legal advice could support and guide registrants through the FtP process, which is complex and legalistic. Legal advice was seen as important in aiding registrants to understand regulators’ expectations, especially in terms of the need for registrants to demonstrate insight and perhaps to show evidence of remediation activities. Lack of legal representation was, therefore, seen to potentially have an impact in terms of the seriousness of the outcome for registrants who are perhaps unaware of how to present their case to best effect.”
A compassionate approach to legal representation
The right legal advice and representation is not just about the legalities and technicalities of a case. Our barristers fully understand the stress and anxiety that doctors experience during prolonged GMC investigations.
We also understand that we are working with people who are anxious and worried about what investigations might mean for them, their professions and the reputations.
We never lose sight of the human aspects of FtP investigations and hearings. We will always give an open and honest assessment of cases, but we will marry that with an approach that also supports health and care professionals through the duration of a case.
“I was not optimistic about the case, I felt that it is a lost case that we couldn’t do much about and especially just before the start of the trial I lost my confidence and was very nervous. Mr McCaffrey was there to prove me wrong. He turned everything around in a victorious , panegyric manner. I was stunned.” – CL
Catherine is professional, empathic and very knowledgeable. She provided all the necessary assistance throughout the long thorough investigation. – AR
A colleague recommended me to Catherine. She was very experienced , professional, empathetic , non-judgemental and listened to me. – Mel
I found myself consumed with dark thoughts, isolated and afraid. Stephen worked with me and slowly but surely formulated a plan not to just to fight my case and win, but to build me back up bit by bit so as to prepare me to face external scrutiny and present with confidence to panels where this was necessary. – FJ
What you can Expect when Instructing Kings View
All clients are entitled to an initial, no obligation and free telephone consultation about their case. During this consultation, we will outline the stages and next steps, including indicative timeframes and fixed price quotations for preparation and representation and confirmed in writing at each and every stage.
We understand that timescales are entirely dependent on the stage you are at in proceedings, what work needs to be done and dictated by internal investigations or hearing dates. We always meet those timescales however should more time be needed, then we will apply for such on your behalf and with your permission.
Disclaimer: This article is for guidance purposes only. Kings View Chambers accepts no responsibility or liability whatsoever for any action taken, or not taken, in relation to this article. You should seek the appropriate legal advice having regard to your own particular circumstances.
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