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Kings View Chambers persuade GMC case examiners to recommended undertakings rather than a referral to a Fitness to Practise tribunal.

GMC fitness to practise defence barrister, Stephen McCaffrey, said:

“This case demonstrates the benefit of taking positive and meaningful steps to ensure the risk of repetition is low and that when things go wrong, the extent to which you accept that and engage in gaining insight and take action to remediate, the far better the chance of a successful outcome.

 

“Kings View offers Insight Works Training, unique and practical courses focusing on impairment, reflection, insight and remediation.”

Our client said:

“Ms Catherine Stock has continued to go well beyond the call of duty. Through her incredible insight, and relentless push on my behalf – we were able to avoid tribunal, whilst maintaining my licence. It’s an outcome I could not have imagined independently given the circumstances.

 

“Ms Stock was always available, kind and truly listened. Something that any client undergoing the stress of a GMC investigation should entrust only with the competence and compassion at Kings View Chambers.”

Case Examiners – who are they?

At the conclusion of the initial investigation stage, if there is evidence that a health and care professional’s fitness to practise may be impaired, the case must be referred to the case examiners for more in depth consideration.  Case examiners are normally made up of both lay people and professionals in the area of regulation.

The case examiners are not asked to decide the facts of the case. They do not consider if the allegations made against a registrant are true or not true. The case examiners are required instead to consider if there is a real prospect that the allegation in the case could be proved and that, if proven, it would suggest that the registrant’s fitness to practise might be impaired.

Case examiners therefore are appointed with a statutory duty to make decisions, for example to close cases without further action, give advice, warnings, agree undertakings and referring some cases for a full hearing.

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.

Stephen McCaffrey

I am a GMC Defence Barrister who has represented large number of medical professionals before their regulatory bodies in either first instance proceedings or appeals.  I can help with all matters relating to GMC Fitness to Practise Referrals issues including:

  • GMC fitness to practise referrals
  • GMC fitness to practise hearings
  • Appeals against a MPTS Tribunal determination
  • MPTS Interim Order hearings
  • Appeals against a MPTS Interim Orders Tribunal determination
  • Preparing your case before the Case Examiners
  • Help with the decision of the Case Examiners
  • Help with voluntary removal
  • Registration advice
  • Appeal against refusal of registration
  • Restoration to the Register
  • Investigation and disciplinary hearings at work
  • Criminal investigation and proceedings
  • Police cautions
  • DBS [Disclosure and Barring Service] issues

 

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