Kings View successfully resists HCPC application for immediate suspension for client accused of lack of competence alongside integrity issues.

WN instructed Kings View Medical Defence two days before her hearing for the purposes of an Interim Order Application by the Health and Care Professions (HCPC) which involved allegations of lack of competency alongside integrity issues relating to documentation and patient notes.

The HCPC were determined to pursue all allegations and wanted an immediate suspension for an 18-month duration.

We worked through the case and immediately identified serious evidential deficiencies. We gathered targeted evidence and after strategic decisions about what to serve at this stage argued that the basis for the dishonesty allegations was incoherent and inconsistent. We further argued that, but for some gaps in knowledge which were accepted, the allegations had no basis whatever.

The HCPC argued there were no conditions which could be imposed. We disagreed and offered a package of conditions which our client agreed with entirely. The Health and Care Professions Tribunal’s Interim Order panel agreed with the entirety of our submissions. They found no basis for the integrity allegations and accepted the submissions we made regarding the competence concerns.

Fitness to practise defence barrister, Stephen McCaffrey, said:

“Although this was a last minute instruction, it still shows the benefit of representation and an agreed pragmatic approach. Had we argued for no order in this case, the result would undoubtedly have been a suspension. This would have been devastating for our client well beyond her immediate career.”

WN said:

“Stephen McCaffrey has been absolutely amazing when helping with my case. He was very thorough when preparing everything and additionally worked late during the evenings. He displayed extensive legal knowledge that allowed us to win the case.  He was very understanding and supportive.

“I am grateful for all the support he has given and I would highly recommend using Kings View Chambers.”

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

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