Professional Law
GDC Law
Rodney Hylton-Potts has many years experience in representing and advising dental professionals, including students at GDC hearings. He represents dentists, and dental nurses and students, at each stage of the Complaints Procedure and has been highly successful in having suspensions revoked and conditions minimised.
Hylton-Potts specialises in making representations to the panels following the refusal of registration due to misconduct and Assistant registrar appeals panel.
We can help you in any part of the United Kingdom. England, Scotland, Wales or Northern Ireland
General Dental Council Court Hearings
The General Dental Council GDC investigates complaints against dentists, and dental students and has powers to hold disciplinary hearings. The disciplinary committees may strike a practitioner off the register or impose lesser sanctions.
Hylton-Potts represent dentists, and dental students and nurses at GDC interim suspension hearings, at GDC final conduct and competence hearings, and at GDC restoration hearings.
Hylton-Potts advise on evidence and all dentist, dental students and dental nurse GDC fitness to practice issues.
He can advice on tactics where a registrant’s fitness to practice is found to be impaired, or if they are found guilty of serious professional misconduct.
He is renowned as a fighter and a good man to have on your side.
Call 020 7381 8111 or email law@rhplaw.co.uk for further details on how we can help you fight your GDC case.
GMC Law
Medical Misconduct Lawyer
Rodney Hylton-Potts is highly experienced in defending doctors, and medical students in GMC proceedings. He has a high success rate in obtaining the very best possible result for doctors, a medical students, in IOP and Fitness to Practice hearings, professional conduct, competence and ill health suspension hearings. He has significant expertise in defending doctors in medical and clinical negligence cases. He can advice on GMC law and procedure, the Medical Act 1983 and GMC Conduct and Health rules.
Hylton-Potts specialises in making representations to the panels following the refusal of registration due to misconduct and Assistant registrar appeals panel.
Top Defence Lawyer for doctors
He fights for his clients. Call for a free consultation and advice in relation to any GMC matter. What have you got to lose?
Registration with the General Medical Council or General Dental Council
If you are having difficulties with your registration with the General Medical Council or General Dental Council we can help. We have a very successful track record, in helping clients with registrations and successful appeals. Consult the experts.
Call us on 020 7381 8111 or email law@rhplaw.co.uk and see how we can help you defend your case concerning the General Medical Council laws.
Help with NHS and other Employer Disciplinary Procedures
A Court of Appeal ruling against an NHS trust illustrates the complexity and legal implications, of public sector disciplinary procedures, and should act as a warning to employers to tread carefully.
It was the second time that the claimant in Mezey v South West London Mental Health NHS Trust went to the Court of Appeal to challenge the way in which her employer was conducting disciplinary proceedings against her. And for the second time she was successful in obtaining an injunction
Dr Mezey was employed by the trust as a consultant forensic psychiatrist and also undertook academic duties at its medical school. In September 2004, one of her patients absconded from a medium-secure mental health unit, having been granted unescorted leave to a hospital garden area. The following day he attacked and killed a stranger in Richmond Park.
Following two internal inquiries conducted by the trust into Dr Mezey’s role in this matter, the trust decided to proceed to a formal disciplinary hearing.
The patient was convicted of manslaughter, following which a further inquiry was commissioned in accordance with Department of Health guidelines. This third report was delivered in October 2006. The trust then suspended Dr Mezey from all her duties, including her academic duties. Dr Mezey obtained an injunction restraining the trust from suspending her, having given a voluntary undertaking not to carry out clinical duties pending a further investigation that was due to be carried out by a panel.
No serious fault
The report was supportive of many aspects of Dr Mezey’s treatment of her patient. It found her to be a highly experienced, conscientious and distinguished clinician and academic who was widely regarded as an asset to her profession. However, it also found that the decision to allow the patient unescorted leave was inappropriate, even though it was satisfied that other competent consultants at the time might have made the same decision. It was clear that this did not amount to serious professional incompetence. It concluded that no serious fault had been proven.
Despite this, the trust attempted to set up a formal disciplinary hearing to consider whether or not any disciplinary action should be taken against Dr Mezey, up to and including dismissal. This led Dr Mezey to commence further proceedings against the trust to prevent it from holding a disciplinary hearing and from continuing to exclude her from clinical work.
This caused the trust to reconsider its position. It agreed to lift Dr Mezey’s exclusion from clinical work. Further, it indicated that dismissal would be excluded from the potential outcomes, meaning they would be restricted to various warnings and reprimands. However, its stance remained that it wished to convene a disciplinary hearing to consider the report and the possibility of a warning or reprimand.
The Court of Appeal, found that in the relevant circumstances there was simply no basis for the trust to continue its disciplinary procedure and hold a disciplinary hearing.
Complex procedures
This is a reminder of the complexity of the contractual disciplinary procedures that apply to employment in many parts of the public sector, not only the NHS, and the potential legal consequences if they are not followed properly. In light of failures by the trust to follow the applicable contractual procedures, Dr Mezey was twice successful in obtaining an injunction relief from the Court of Appeal: first in relation to her suspension, and second in relation to the continuation of internal disciplinary proceedings.
This case, like recent cases examining if and when employees are entitled to legal representation in disciplinary proceedings, illustrates how careful public sector employers need to be in disciplinary cases.
We can turn this to your advantage. You are not alone.
“Thank you for everything you have done for me. Your excellent and highly professional performance in front of GMC yesterday really saved my license. And that has been fully appreciated by both my wife and me.
And yes, I will contact you in future since I intend to come to this beautiful country and open up my GP office. I will then need advice from a lawyer and I will contact you. Please take care of you and your health so that we can collaborate in future as well.”
Solicitors and Trainee Solicitors
We also advise Solicitors and Trainee Solicitors on problems with the Solicitors Regulatory Authority and the Law Society, and a trainee barristers in relation to the Bar Council.
In particular we advise on the impact upon their professional standing or prospects, arising from difficulties in their personal lives, such as a conviction for driving over the “breathalyser” limit, drug use or a Police caution arising out of a personal relationship.
Come to the experts. For more information or a free legal opinion telephone 020-7381-8111 (24 hour service) or emaillaw@rhplaw.co.uk.
General Teaching Council
We can advise and help with any problems with the General Teaching Council, including allegations of professional incompetence or unacceptable professional conduct.
We can also help with problems with the Independent Safeguarding Authority, relating to the safety and welfare of children and young people.
Come to the experts. For more information or a free legal opinion telephone 020-7381-8111 (24 hour service) or emaillaw@rhplaw.co.uk.
We can help you in any part of the United Kingdom. England, Scotland, Wales or Northern Ireland
We help members of British Psychological Society.
THE INDEPENDENT SAFEGUARDING AUTHORITY – (ISA)
The Independent Safeguarding Authority’s (ISA) role is to help prevent unsuitable people from working with children and vulnerable adults.
Referrals are made to the ISA when an employer or an organisation, for example, a regulatory body, has concerns that a person has caused harm or poses a future risk of harm to children or vulnerable adults. In these circumstances the employer or regulatory body must make a referral to the ISA. The range of organisations who are able to make referrals include;
- Regulated activity providers;
- Personnel suppliers;
- Local authorities;
- Education and Library Boards;
- Health and Social Care (HSC) bodies;
- Keepers of Registers named in the legislation; and
- Supervisory authorities named in the legislation.
The ISA’s role in making independent barring decisions following referrals from employers or through the Autobar process continues. Certain employers (those working in ‘regulated activity’) have a LEGAL DUTY to refer people to the ISA (usually following their own disciplinary processes) when they have harmed a child or vulnerable adult, or there was a risk of harm. Anyone barred by the ISA cannot work or volunteer with the vulnerable group or groups from which they are barred.
If you have a problem with the THE INDEPENDENT SAFEGUARDING AUTHORITY – (ISA) we can help – Come to the experts. For more information or a free legal opinion telephone 020-7381-8111 (24 hour service) or emaillaw@rhplaw.co.uk.
Disqualification Orders which is operated by the criminal justice
system with lists – the ISA Children’s barred list and the ISA
Vulnerable Adults barred list;
The General Teaching Council for England
The General Teaching Council for Wales
The register of pharmacists maintained under Article 10(1) of the Pharmacists and Pharmacy Technicians Order 2007
or the register of pharmacy technicians maintained under Article 21(1) of that Order
The General Medical Council
The Dentists Register appointed under section 14 of the Dentists Act 1984
The Dental Care Professionals Register appointed under section 36b of the Dentists Act 1984
The Registrar of the General Optical Council
The Registrar of Osteopaths
The Registrar of Chiropractors
The General Social Care Council
The Care Council for Wales
The Register of qualified nurses and midwives appointed under article 5 of the Nursing and midwifery order 2001
The register of members of relevant professions appointed under article 5 of the Health Professions Order 2001
If you have a problem with the any of the above authorities, we can help – Come to the experts. For more information or a free legal opinion telephone 020-7381-8111 (24 hour service) or emaillaw@rhplaw.co.uk.
Independent Safeguarding Authority Referral Guidance
4. Definition of Key Terms
Child
A child is any person under 18 years of age.
Vulnerable adult
A vulnerable adult is In summary, a person is a vulnerable adult if they have attained the age of 18, and
they are in residential accommodation,
they are in sheltered housing,
they receive domiciliary care,
they receive any form of health care,
they are detained in lawful custody,
they are by virtue of an order of a court under supervision by a person exercising
functions for the purposes of Part 1 of the Criminal Justice and Court Services Act 2000
(c. 43), in England and Wales,
Is receiving a welfare service defined as the provision of support, assistance or advice by
any person, the purpose of which is to develop an individual’s capacity to live
independently in accommodation or support their capacity to do so.
they receive any service or participate in any activity provided specifically for persons due
to age, disability, prescribed physical or mental problem, expectant or nursing mothers in
accommodation or a person of a prescribed description not falling in the above,
payments are made to them (or to another on their behalf) in pursuance of arrangements
under section 57 of the Health and Social Care Act 2001 (c.15), in England and Wales,
payments are made to them (or to another on their behalf) in pursuance of arrangements
they require assistance in the conduct of their own affairs.
Relevant conduct
:Relevant conduct is any conduct:
That endangers a child or vulnerable adult or is likely to endanger a child or vulnerable adult;
If repeated against or in relation to a child or vulnerable adult, would endanger them or would be likely to endanger them;
That involves sexual material relating to children (including possession of such material);
That involves sexually explicit images depicting violence against human beings (including
possession of such images), if it appears to ISA that the conduct is inappropriate; or
Of a sexual nature involving a child or vulnerable adult, if it appears to ISA that the
conduct is inappropriate.
16
Harm Test
The harm test is satisfied if the relevant
person believes that an individual may:
harm a child or vulnerable adult;
cause a child or vulnerable adult to be harmed;
put a child or vulnerable adult at risk of harm;
attempt to harm a child or vulnerable adult; or
incite another to harm a child or vulnerable adult.
If you have a problem with the THE INDEPENDENT SAFEGUARDING AUTHORITY – (ISA) we can help -
Come to the experts. For more information or a free legal opinion telephone 020-7381-8111 (24 hour service) or emaillaw@rhplaw.co.uk.
If you have a problem with;
- The General Teaching Council for Wales
- The register of pharmacists maintained under Article 10(1) of the Pharmacists and Pharmacy Technicians Order 2007
- or the register of pharmacy technicians maintained under Article 21(1) of that Order
- The General Medical Council
- The Dentists Register appointed under section 14 of the Dentists Act 1984
- The Dental Care Professionals Register appointed under section 36b of the Dentists Act 1984
- The Registrar of the General Optical Council
- The Registrar of Osteopaths
- The Registrar of Chiropractors
- The General Social Care Council
- The Care Council for Wales
we can help – Come to the experts. For more information or a free legal opinion telephone 020-7381-8111 (24 hour service) or emaillaw@rhplaw.co.uk.
