In a fitness to practise case that has been ongoing for a number of years, the HCPC eventually dropped the case against our client.

In this case, the Health and Care Professions Council (HCPC) decided to proceed with the fitness to practise case against our client, GB, despite the police deciding to take no action in relation to their investigation.

Speaking about the case, fitness to practise defence barrister, Catherine Stock commented:

“This case required a vast level of legal input and demonstrates how important and significant, properly considered legal strategy is to a successful outcome.  Despite the length of time the case has taken, in the end the HCPC were in a position where they had to drop the case and no action was taken against the registrant.”

 “Their professionalism and support were truly incredible. I am so grateful for their help. If you are facing any trouble, do not hesitate to contact them – you cannot handle it alone.”

 

Speaking after their case, GB said:

“I was represented by Catherine Stock and Stephen McCaffrey from Kings View Chambers during my HCPC (FTP) Hearing.  I cannot emphasize enough how skilled and dedicated they are. Despite the complexity of my case, which lasted almost three years and seemed hopeless, they successfully defended me.

“I was expecting to be struck off by the HCPC, but thanks to them, I can continue practising without any restrictions and the case is closed with no further actions.

“Moreover, their financial terms are transparent and fair for the exceptional service they provide.”

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The right strategy is key!

Health care professionals must not underestimate the complexity of a restoration application process.   A restoration application following erasure due to impaired fitness to practise needs to be approached with great care and consideration as to the right approach.  Doctors seeking restoration under these circumstances have sufficient time to prepare their case and evidence. 

Doctors should seek expert legal advice at the earliest possible opportunity when considering a restoration application because setting the correct strategy from the outset is crucial to good outcomes.  This is particularly the case for insight and remediation because remediation is often a long process. 

Kings View Medical Defence has an excellent success rate assisting clients with restoration applications.  Recent case examples:

Without expert legal advice and representation, amongst other things, you will need to:

  1. be clear in the legal processes involved in a restoration application;
  2. deal with any directions given by the fitness to practise panel;
  3. gather evidence and present this; and
  4. prepare your case, including evidence of insight and remediation.

Without expert legal advice and representation, there is a significantly higher risk of an unsuccessful application and possibly a suspension of your right to re-apply.  Kings View Chambers has successfully applied to restore clients who have previously been struck off. 

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

I am a HCPC Defence Barrister who has represented a large number of health and care professionals before the HCPC and other regulatory bodies in either first instance proceedings or appeals. 

I can help with all matters relating to HCPC Fitness to Practise referrals issues including:

  • Applications for Registration
  • Registration Appeals
  • International Registration
  • Temporary Registration
  • Internal Disciplinary and Grievance
  • HCPC Referrals
  • Fitness to Practice Hearings
  • Conduct and Competence Hearings
  • Health Committee Hearings
  • Interim Orders Hearings
  • Preparation for hearings
  • Representation at hearings
  • Preparation of witness statements

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