Successful GMC restoration for our client

In this case, our client, IB, was successful on their first attempt seeking restoration to the General Medical Council’s (GMC) register.  Their application was opposed by the GMC.

Kings View Chambers’ Joint Head of Chambers and fitness to practise defence barrister, Catherine Stock, said:

“The reason our client’s restoration application was successful is that they made enquiries very soon after they were erased and put in place a 5-year plan of remediation.  They sought our expert advice and worked across a number of years to ensure they have fully remediated their past conduct.”

The GMC is unlikely to consider restoration applications until at least 5 years have elapsed from the date of the disciplinary erasure, and applications for restoration following a disciplinary erasure will be referred to the MPTS.

IB said:

“I got the outcome I wanted, and it’s because Catherine is an exceptionally good barrister, who does not take any chances. She would make you work hard, but if you listen to all she tells you, you would be successful. I highly recommend her work to anyone in difficulty with the regulator. She’s a game changer.”

Substantial weight is attached to insight and remediation.

A restoration application following erasure due to impaired fitness to practise needs to be approached with great care and consideration as to the right approach.  Doctors seeking restoration under these circumstances have sufficient time to prepare their case and evidence.

Catherine continued:

“If you have been erased or suspended by your regulator, seek advice early. The sooner you engage our services, the better chance of a successful outcome.”

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

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.