Professional Discipline & Regulatory
“She’s very thorough and incredibly supportive to clients.”
Chambers & Partners
What role does the Professional Standards Authority play in medical regulation? Eloise explores the role of the PSA in this paper, which is available here.
Experience & expertise
Eloise’s regulatory practice encompasses prosecution and defence work before a variety of healthcare and other regulators. Common themes include deficient professional performance, dishonesty, sexual misconduct, substance abuse and other health issues.
Eloise has a particular interest in appellate work. She has recently represented the General Dental Council in Ninian Peckitt v General Dental Council [2016] EWHC 1803 (Admin) and Manuel Nunez Martinez v General Dental Council [2015] EWHC 1223 (Admin).
Her publications include the General Dental Council chapter in Professional Discipline and Healthcare Regulators: A Legal Handbook.
Examples of Eloise’s professional discipline and regulatory work includes:
cases & work of note
Ninian Peckitt v General Dental Council [2016] EWHC 1803 (Admin): under 27 (2) (g) of the Dentists Act 1984, a Professional Conduct Committee can make a finding of impairment by reason of another regulator’s determination – the factual territory need not be revisited “other than in rare and exceptional cases.” Eloise represented the General Dental Council.
Manuel Nunez Martinez v General Dental Council [2015] EWHC 1223 (Admin): an Interim Orders Committee does not undertake a definitive examination of allegations or of the fairness of the allegation; it only considers whether the allegations were credible and gave rise to a risk that could not be dismissed as fanciful. There is no threshold test, but the court has to consider the quality of the evidence to determine whether it was insufficient to demonstrate the alleged risk. Eloise represented the General Dental Council.
Professional Standards Authority v (1) Health and Care Professions Council (2) MG [2014] EWHC 2723 (Admin): PSA appeal involving a biomedical scientist. Eloise represented the registrant.
GMC v Dr M: MPTS case involving a consultant ophthalmologist; whether Pakistani or British standards apply to a GMC registrant practising in Pakistan.
Professional Standards Authority v (1) Nursing and Midwifery Council and (2) Ms B: Eloise had represented the registrant at first instance. The registrant had admitted that she had knowingly left elderly patients restrained (by way of incontinence pads around their hands) overnight with the result that they could not reach the call bell. Eloise’s cross-examination of the prosecution witnesses (based upon substantial systemic failures at the hospital) went well, and Ms B received a caution. Perhaps unsurprisingly the Professional Standards Authority appealed to the High Court. The matter was thereafter resolved by consent before it went to a hearing.
First instance work: Eloise regularly undertakes first instance work before regulatory panels. Some recent and ongoing cases have included prosecuting a dentist who falsified patient records while suffering from a mental health condition; defending a senior nurse (Chief Executive Officer to a care home company) accused of managerial failings and prosecuting a dentist who punched a patient in the course of undertaking a maxillo-facial procedure.