The practitioner sought a statutory review of the decision to disqualify him from practice. The Family Health Services Appeal Authority had dismissed his request, refusing to look at the correctness of the original tribunal’s decision.
Held: It was not the function of the Authority on hearing such a request to consider the correctness of the original decision. Where it was expected that a tribunal would hear such matters, the hearing would be described as an appeal. This provision allowed the tribunal to look again after a minimum period of two years. The instant tribunal was at the same level as the original one, and was not in a position to deal with such a style of application.
Judges:
Stanley Burnton J
Citations:
[2004] EWHC 641 (Admin), Times 16-Apr-2004, [2004] Lloyd’s Rep Med 215, (2005) 81 BMLR 179, [2004] 3 All ER 572
Links:
Statutes:
National Health Service Act 1977 49N(7)
Jurisdiction:
England and Wales
Health Professions
Updated: 21 July 2022; Ref: scu.195128