Social Worker able to return to unrestricted practise
Our client, a social worker, is free to return to unrestricted practise after SWE revoked our client’s Suspension Order.
In advance of our involvement, the social worker, M, had accepted a Suspension Order at Case Examiners stage. Following the suspension period, the Order was to be reviewed at a hearing. The purpose of these review hearings is for the Panel to consider whether the social worker has developed further insight and to decide whether they remain impaired or are now fit to practise.
The Panel can revoke the order, continue the Order, or replace the order with any sanction that would have been available to them previously.
In M’s case, SWE’s position initially, was that the social worker had not engaged and was therefore still impaired. Just before the hearing, SWE altered their position to suggest that the suspension order be replaced with a warning of 3 years duration.
The social worker had approached Kings View Chambers at very short notice, and we worked with them to prepare for her hearing.
Contrary to SWE’s position, we argued that the social worker had full insight, had remediated and was no longer impaired. We submitted that as a result of her actions during the suspension period, she was now fit to return to unrestricted practise and the that the suspension order should be revoked.
We were successful, and the Suspension Order was revoked with immediate effect.
Our client said:
“I am immensely grateful for the exceptional legal representation I received from Catherine and her team. From the moment I approached Kings View Chambered with my case, Catherine displayed extensive knowledge, professionalism, and a strong commitment to achieving justice.
“Throughout the entire process, her and her team demonstrated exemplary expertise and strategic thinking. They meticulously analysed every aspect of my case, leaving no stone unturned. Their exceptional research and attention to detail were evident in their hearing presentations and arguments.”
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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