Professional discipline and regulatory newsletter - July 2021
12th July 2021
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 Welcome to 3PB's professional discipline and regulatory newsletterWelcome to the second edition of our newsletter, packed-full with sector news, hints and tips and case law analysis. In this edition, Lachlan Wilson, David Swinstead and Peter Jennings - part of 3PB's team of legal assessors - focus their top hints and tips for successful advocacy on the importance of language. Our team also provides analysis on topical issues that have troubled the courts in the past few months: head of group Jennifer Agyekum considers a case concerned with the spread of misinformation about the Covid-19 pandemic and vaccines; Sunyana Sharma reviews a case on nonclinical intimate examinations and another revisiting the key duties and obligations inherent in good expert witnesses; and Daniel Brown analyses a decision relating to the employment status of regulatory bodies' panel members.  New law to make Covid-19 vaccination mandatory for care workersCovid-19 vaccinations are set to become compulsory for staff at care homes in England. The new measure, announced by the Health Secretary in June is due to be monitored and enforced by the Care Quality Commission (CQC). The new compulsion attracted the criticism of the British Medical Association, who warned of "a blunt instrument that carries its own risks". CQC updates its guidance on Regulation 20 - the duty of candourThe CQC has sought to clarify what providers must do to meet the requirements of the regulation and the circumstances in which it must be applied. The updated guidance is more specific in its explanation of what is defined as a notifiable safety incident and gives examples. It also outlines that the apology required to fulfil the duty of candour does not mean accepting liability and will not affect a provider’s indemnity cover. CQC Chief Inspectors: a changing monitoring approachFollowing the CQC's suspension of their routing inspections in March 2020 and the adoption of on-site and off-site methods, new changes in the monitoring approach piloted in June will be rolled out to more services in July.  3PB legal assessors' tips for advocates on 'mind your language'In our first newsletter, 3PB's legal assessors shared with you the top 10 hints and tips gathered from their own experience. This time, David Swinstead, Peter Jennings and Lachlan Wilson's practical tips focus on the theme 'mind your language'.  Covid denier and anti-vaxxer nurse struck offJennifer Agyekum reviews the case of registered nurse Kay Allison Shemirani before the NMC's Fitness to Practice Committee, a case concerned with fitness to practise in the context of the spread of misinformation about the Covid-19 pandemic and vaccines. When is sexual touching sexually motivated?Sunyana Shama examines the case of Raied Haris v GMC [2021] EWCA Civ 763 in which a doctor is found to have undertaken nonclinical intimate examinations on patients without their informed consent. NMC FtP Committee Chair had the right to holiday payDaniel Brown analyses the decision in Nursing and Midwifery Council v Somerville UKEAT/0258/20/RN(V), which puts the spotlight on determining the employee/worker status of regulatory bodies' panel members and the rights and entitlements those statuses confer. Help I’m an expert, what are my duties?Sunyana Shama looks at the case of Zuber Bux v. General Medical Council [2021] EWHC 762 (Admin) in which the opportunity is given to revisit the key duties and obligations inherent in good expert witnesses.  With four QCs and 24 juniors, 3PB is a leading set in the field of Professional Discipline and Regulatory law. The team has several years of experience in this field and members are regularly instructed to act on behalf of regulators and to defend professional clients. We also have members sitting as legal assessors and legally qualified Tribunal Chairs. With vast specialist expertise in medical/ healthcare regulation, members are frequently instructed in cases before the GMC, GDC, NMC, HCPC, GOC, GPhC and in matters involving the CQC. Due to our large and varied client base in the area, a number of members are also instructed on matters on behalf of the accountancy |
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