Regulatory

2.05.25

Court of Appeal confirms that DBS not bound by regulatory decisions

In the recent case of XYZ v Disclosure and Barring Service [2025] EWCA Civ 191, the Court of Appeal confirmed that when making a barring decision, the Disclosure and Barring Service (“DBS”) (and the Upper Tribunal if an appeal against that decision is made), is not bound by findings of fact made by a regulatory…

7.04.25

Returning to the question of the ‘misconduct threshold’ in disciplinary proceedings

The question as to whether or not there is a threshold which must be reached prior to an adverse disciplinary misconduct finding has been examined in recent High Court decisions and in our February blog. This issue was most recently revisited again by Mrs Justice Lang DBE sitting in the High Court in a statutory…

12.03.25

Ofcom publishes draft guidance on safeguarding women and girls from online harms

The Online Safety Act 2023 (the “Act”) established a regulatory framework for online service providers (defined under the Act to include technology companies such as dating apps, search engines, social media platforms and pornography platforms) to address illegal content and protect users from online harms (see our blog post here). The Act stipulated that Ofcom,…

18.02.25

The Aga and Danial Saga concludes: Immediate Suspension Orders do not amount to “time served”

In our previous blog post, we detailed the deeply unhelpful position the law had been left in in terms of suspension orders following a finding of impairment of fitness to practise. The Court of Appeal has now considered the case of General Dental Council v Aga [2025] EWCA Civ 68 and confirmed that the period…

5.02.25

Is there a misconduct threshold in regulatory proceedings?

The recent case of Dr Sarah Benn v The General Medical Council [2025] EWHC 87 (Admin)  provides some helpful guidance on what amounts to ‘misconduct’ in proceedings for determining impairment within the meaning of section 35C of the Medical Act 1983. The facts Dr Benn was a retired general practitioner and was until 2019 a…

16.12.24

The Aga and Danial Saga: should Immediate Suspension Orders be deducted from the Substantive Suspension Order as “Time Served”?

Following a finding of impairment of fitness to practise, one of the possible sanctions open to Panels is suspension. However, in respect of most (if not all) healthcare regulators, that suspension does not take effect immediately, to allow the registrant time to appeal the decision should they wish to. In order to combat that lacuna…

Frozen bank accounts and the Home Office

In recent times, there appears to have been an increasing interest shown by the Home Office in the financial background of foreign nationals are accused of staying in the UK beyond the expiry of their visa, or working when the terms of their visa prohibit this. The Criminal Offence The Immigration Act 1971 provides that…

4.12.24

The confidential and delicate nature of family proceedings highlighted in the Fitness to Practise sphere

In General Dental Council v KK, Stockport Metropolitan Borough Council [2024] EWHC 3053 (Fam), Mrs Justice Knowles highlighted the importance of regulators following the correct procedures before obtaining documents pertaining to Family Court proceedings for use in fitness to practise proceedings. This case concerned a dental technician, KK, who faced serious allegations about his fitness…

4.11.24

Jennifer Hallam: Restored to the Roll after 20 Years

Vicky Lankester, solicitor at Brett Wilson LLP and Alecsandra Manning-Rees, Counsel from 5 St Andrews Hill represented Jennifer Hallam in respect of her successful application for restoration to the Roll of Solicitors. This case has attracted wide media publicity, which is unsurprising, given the obstacles Ms Hallam had to overcome to get to this point….

13.03.24

High Court provides guidance on when an appeal should be remitted for a further hearing in fitness to practise cases

In the recent case of Hawkins v HCPC [2023] EWHC 3256 (Admin), the High Court considered the basis upon which a case should be remitted for a re-hearing following a successful appeal. This has provided useful guidance where there was a previous lack of such guidance. The initial hearing The Appellant, a physiotherapist, faced allegations…