Radiographer cleared of all wrong doing
Our client, a Radiographer, has been cleared by a HCPC tribunal of all wrong doing in a scathing judgement of the Trust and witnesses involved.
Our client, a Radiographer, has been cleared by a HCPC tribunal of all wrong doing in a scathing judgement of the Trust and witnesses involved.
PT contacted us in June 2020 dissatisfied with his representation to date. He had been advised to make admissions. The case centred on very serious allegations of both competence and integrity matters. A colleague provided a statement claiming PT had lied about work related matters and had also asked him to lie too.
PT denied the allegations from the outset but could not get representation to fight for him. I clearly saw, from the outset, that there were obvious inconsistencies in the account given by his colleague and this would be a cross-examination case. We analysed the case, gathered evidence and put a strategy together for PT.
In the hearing, witnesses were cross-examined at length. Some allegations were dismissed at half-time. After PT’s evidence and defence submissions, all integrity allegations were found not proved. The Tribunal were scathing of the Trust and the witnesses. PT was cleared in entirety.
Fitness to practise defence barrister, Stephen McCaffrey, said:
“The message is clear – if you do not have faith your representatives will fight for you then seek new representation. The consequences for PT would have been career ending. He saw the value in our approach and stayed with our strategy throughout. It was a long and hard road but ultimately, one which secured his career and opens the door for him to seek recompense from the Trust who dismissed him. Don’t take chanced with your representatives.”
PT, speaking after the hearing, said:
“This case has been going on for 4 years with the HCPC. “I contacted Kings View Chambers after reading multiple reviews of their experiences.
“Kings View will take you through the process step by step; from how proceedings take place stage by stage, what the evidence is, presentation at the hearings (if they get that far) and what is expected and needed at each stage.”
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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