The pharmacist had been removed from register the for a year after findings of domestic abuse. The court now considered what inquiry was required on an application for a continuation of that suspension.
Held: The different appeals of both the GPC and the practitioner were allowed. The review committee’s powers were set out within the Order, but how they should be exercised was not set down. From the Indicative Sanctions Guidance however, it was clear that the focus of the review was on the current fitness to resume practice, judged in the light of what the practitioner has, or has not, achieved since the date of suspension. The Extra Division was too ingenious. There was no middle way. It was wrong to remit the case to the committee for disposal on that basis.
Judges:
Lord Neuberger, President, Lord Wilson, Lord Reed, Lord Carnwath, Lord Hodge
Citations:
[2016] UKSC 64, UKSC 2014/0214, [2017] 3 All ER 873, (2017) 153 BMLR 1, [2017] Med LR 49, 153 BMLR 1, [2017] ICR 223, [2017] 1 WLR 169
Links:
Bailii, Bailii Summary, SC, SC Summary, SC Video Summary, SC Hearing ideo
Statutes:
General Pharmaceutical Council (Fitness to Practise and Disqualification etc) Rules 2010
Jurisdiction:
Scotland
Citing:
Appeal from – HK v General Pharmaceutical Council SCS 11-Jul-2014
Appeal from Fitness to Practice Committee of the General Pharmaceutical Council. The practitioner had been suspended, but the penalty was imposed without apparent consideration of the committee’s power to make an alternative order . .
Cited – Taylor v The General Medical Council PC 30-Apr-1990
(The Professional Committee of The General Medical Council) Successive periods of suspension of a practitioner’s registration.
The doctor, who had previously received a suspended sentence of imprisonment for making false statements in order to . .
Cited – Obukofe v General Medical Council Admn 2014
medical practitioner appealed against the direction of a Fitness to Practise Panel of the GMC to extend for one year the period, also of one year, for which he had originally been suspended from practice. He had received suspended sentences of . .
Cited – Dad v The General Dental Council PC 13-Apr-2000
A dentist was convicted of traffic offences including driving whilst disqualified. He was suspended from practising as a dentist for 12 months. He appealed, and the court substituted a suspension from practice itself suspended for two years. That . .
Cited – Dr Marinovich v The General Medical Council PC 24-Jun-2002
PC Professional Conduct Committee of the GMC. The applicant had been suspended from practice. He had been struck off in Australia, and moved to the UK to practice. The GMC sought to suspend him because of the . .
Cited – Dr Ghosh v The General Medical Council PC 25-Jun-2001
(Professional Conduct Committee of the GMC) The Board of the Privy Council, when acting to hear an appeal from the disciplinary committee of the General Medical Council would in future deal with the case by way of a rehearing. Given the nature of . .
Lists of cited by and citing cases may be incomplete.
Health Professions
Updated: 03 November 2022; Ref: scu.572398