Proceedings before a regulatory body such as the NMC or GTC can result in someone’s career coming to a sudden end. These cases frequently have a technically complicated element to them, involving expert evidence and large amounts of documentary evidence. Advocates need to have a good working knowledge of the relevant procedural rules so they can guide clients through what can be a very daunting process from the initial investigative stage to a final hearing and on appeal to the High Court.
With a senior member of chambers appointed as a legal assessor to both the General Medical Council and the General Dental Council and another sitting as a Part-time Chair of a Professional Conduct committee and Panel member for the NMC, our members have significant hands-on experience dealing with regulatory proceedings. Other members of chambers regularly appear before the GMC, NMC, the First-Tier Tribunal (Care Standards) and other regulatory bodies. We can advise on the registration of social workers by the General Social Care Council. We are able to represent people at hearings regarding fitness to practice and at interim orders hearings, reviews and applications for Judicial Review in the High Court. Members can also prosecute cases on behalf of regulators.
Social Care
Chambers advises providers on such issues as registration and deregistration, employment rights, professional negligence claims and planning. We have members who are instructed to advise and appear on regulatory matters and challenge decisions of the CQC when assessing against the National Minimum Standards. We are also able to advise on the law relating to Care Homes (both for older people and adults), Children’s Homes, boarding schools, residential special schools, domiciliary care, nurses agencies and matters under the jurisdiction of the Healthcare Commission as well as appearing at the Tribunal in relation to decisions taken by CQC and the Healthcare Commission.
Regulatory Crime
For over 30 years members of Chambers have prosecuted and defended criminal cases locally, at the Central Criminal Court and on appeal to the Court of Appeal. We have prosecuted on behalf of the Crown Prosecution Service, the RCPO/UK Border Agency and the Department of Work and Pensions. Cases vary from careless driving to murder.
Over the last few years we have developed particular experience in dealing with regulatory offences. Members of Chambers prosecute and defend in trading standards cases in Surrey, Berkshire and throughout the South of England. We are experienced in dealing with Health and Safety Executive prosecutions, environmental health, licensing and other local authority work. We can advise businesses on how to manage their way through regulatory investigations and prosecutions as well as proceedings under the Enterprise Act 2002. Members of Chambers also prosecute animal welfare cases and cases involving the regulation of livestock farming.