Disciplinary Decisions - The End Of The Matter?

If the Council for the Regulation of Healthcare†Professionals (the 'Council') considers it†necessary for the protection of the public, it can†appeal to the High Court against disciplinary†decisions made by professional bodies. A†decision of the Court of Appeal interpreting†section 29 of the National Health Service and†Healthcare Professionals Act 2000 has widened†the scope for appeals by the Council.

Two appeals

Dr. Ruscillo was acquitted by the Professional†Conduct Committee of the General Medical†Council of serious professional misconduct because†the facts proved were insufficient to support a†finding of serious professional misconduct†('SPM'). However, the Council appealed against†the decision. Permission was granted by the†Administrative Court. This decision was appealed†by RadcliffesLeBrasseur on behalf of Dr Ruscillo.†On 20 October 2004, the Court of Appeal†dismissed Dr Ruscillo's appeal.

The Council also appealed against a decision of the†Professional Conduct Committee of the Nursing†and Midwifery Council concerning Mr Truscott, a†paediatric nurse. He was not removed from the†Register because there was no evidence that his†behaviour had caused direct harm to patients. The†Council had been unsuccessful in their appeal to†the Administrative Court and therefore appealed to†the Court of Appeal who joined the case with†Ruscillo. The Court dismissed the Council's appeal.

What is the scope for appeals by the†Council?

These cases raised questions on section 29 of the†National Health Service and Healthcare†Professionals Act 2000 which covers appeals by†the Council. The Court of Appeal laid down†various principles which they felt were implied in†section 29: -

The Council can appeal where a penalty is†unduly lenient, particularly if they considered†that it did not reflect all the incidents of†professional misconduct that should have been†found.

Section 29 is concerned with erroneous†decisions on penalties and the High Court is†only permitted to vary those penalties.†However, in bringing an appeal the Council can†claim that findings of fact should have been†reached, or that SPM should have been found

If the court finds there has been a serious†procedural or other irregularity in the†proceedings before the disciplinary tribunal, it†should remit the case to the tribunal...