Sexual Misconduct & Fitness to Practise

What is meant by sexual misconduct

Whilst the meaning of sexual misconduct might vary slightly between regulators, it is generally understood to mean uninvited or unwelcome behaviour of a sexual nature, or which can reasonably be interpreted as sexual, that offends, embarrasses, harms, humiliates or intimidates an individual or group.

Sexual misconduct encompasses elements of harassment, violence and abuse and can be physical, verbal or visual. It can take place within and across different genders. 

Cultural or social norms, such as rigid gender roles, can also increase the risk of misconduct and people with protected characteristics may experience sexual misconduct alongside other forms of discrimination.

The PSA noted that sexual misconduct cases are increasing in frequency and research suggests that around 40% of sexual misconduct cases before healthcare tribunals involve sexual misconduct with colleagues as opposed to patients.

Sexual motivation

There is a growing body of case law on the issue of conduct that could be deemed to be sexually motivated.  Please click or tap on the link to read more on the mentioned case law.

Colleagues v Patients

Sexual misconduct and inappropriate behaviour can manifest itself in the context of patients or colleagues.  It is noted that the fitness to practise implications of sexual misconduct involving patients are clear and generally seen as very serious.  The seriousness of sexual misconduct and inappropriate behaviour with, or involving colleagues, is, generally, speaking, treated as less serious by fitness to practise panels.

Unique and practical courses focusing on impairment, reflection, insight, and remediation at highly competitive prices.

Remediation

Sexual misconduct is seen as one of the most serious allegations amongst all the health and care regulators.  Equally, allegations of this nature are often seen as a fundamental character flaw that is difficult to remediate because it points to deep-seated attitudinal problems.  The nature of character flaws and attitudinal problems are that they are difficult to remediate fully. 

The broader character and attitudinal problems associated with sexual misconduct could also point to:

• wider impacts of boundary-crossing behaviour;
• it may create a culture where boundary-crossing behaviour becomes acceptable;
• the effect on public confidence and trust in healthcare professionals. 

The right defence strategy, including, advice and guidance on insight and remediation, is key to good outcomes for health care professionals.

When things go wrong, we are here when you need us

Kings View Chambers has over 30 years’ combined experience representing heath and care professionals at all levels.  We are a leading fitness to practise defence chambers that have a proud record of consistently achieving excellent outcomes for our clients.

We are proud to be rated excellent by our clients. As public access barristers, you can instruct us directly without having the additional expense of hiring a solicitor.

It is a well-established fact that healthcare professionals who seek legal advice and representation at an early stage in any fitness to practise process, generally, receive better outcomes and lesser sanctions, if any.  We can advise on the right strategy to take and represent you before a fitness to practise hearing.

Speak to us today for a free, no obligation assessment of your case.

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.

Contact us today for a no obligation and free telephone consultation about your case in the knowledge that you are speaking to one of the best in the business.

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.