Professional Discipline and Regulatory newsletter - May 2021

Welcome to the 3PB professional discipline and regulatory newsletter

A warm welcome to the first edition of our newsletter.

You can expect each of our newsletters to be packed full with professional disciplinary and regulatory news articles and to include reviews of the important cases that impact you - written by our barristers with our clients in mind.

Without further ado, let me introduce you to the team.

3PB's professional discipline and regulatory team

With two QCs and 22 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 and financial regulators including the FCA, CIMA and the
ACC, in addition to acting for and against Ofsted and the Farrier’s Registration Council.

3PB appoints Jennifer Agyekum to lead its talented team

Meet Jennifer Agyekum, our new team head. Jennifer has a strong reputation for successfully defending registered professionals in disciplinary proceedings brought by their regulatory bodies.

Recent highlights include defence of a child minder accused of mishandling a child; a nurse care home manager facing over 100 misconduct charges; a dentist facing charges of theft and incompetency; and a nurse accused of multiple allegations of misconduct including “contribution to death”.

Jennifer is trusted by both professional
and lay clients with the most complex and sensitive matters.

Jennifer is praised by the Legal 500 2021/Professional disciplinary and regulatory law for being “very knowledgeable and [with] a great understanding of regulatory process. You can tell she really cares about her clients.”

3PB welcomes Victoria Sheppard-Jones

Victoria Sheppard-Jones joins our team, having worked in-house and in private practice for two UK regulators, the General Dental Council (GDC) and the Financial Conduct Authority (FCA). She has considerable experience of white-collar criminal prosecutions and disciplinary cases, particularly complex and lengthy fraud and money laundering cases.

Health and social care: fitness to practice in the context of Covid-19​

Jennifer Agyekum examines the impact of Covid-19 on stretched health and social care resources and the renewed importance of the “context is key” principle when deciding whether some action or inaction amounts to misconduct and/or impaired fitness to
practice.

Virtual hearings

With many in-person hearings replaced by virtual hearings, conducted via telephone or video conferencing due to Covid-19, Gabriel Adedeji provides a useful guide on Virtual Hearings, with tips on good practice and what to avoid.

3PB legal assessors' tips for advocates 

The legal assessors in 3PB’s Professional Disciplinary and Regulatory Team see examples of both good and bad case preparation and advocacy. David Swinstead, Peter Jennings, Jane Rowley and Lachlan Wilson share with you here ten hints and tips from their experience.

How far will the Regulator stray into an individual’s personal life? 

The role of the Regulator is to protect the public and maintain the public’s trust in the profession. But how far will they stray into an individual’s personal life? Sunyana Sharma reviews the case of Beckwith v. Solicitors Regulation Authority.

View Sunyana's profile here

Racist language is not compatible with professional practice, or is it?

Sunyana Sharma reviews Professional Standards Authority for Health and Social Care v Health and Care Professions Council, Roberts [2020] EWHC 1906 (Admin), a case testing the compatibility of racist language with professional practice.