Regulatory Law & Tribunals
Representation in a wide range of Courts and Tribunals.
Areas Covered
I accept instructions to act for defendants and regulators in a wide range of courts and tribunals:
• Trading Standards & Trade Descriptions
• Environmental Health
• Department of Trade and Industry
• Consumer Credit
• Auctioneering
• Planning
• VAT and Revenue Appeals
• Regulatory Work and Licensing
• Breaches of Health and Safety at Work Act
• Food and Drugs
• Professional Disciplinary Hearings and Tribunals
• Courts-Martial
• Mental Health Law
• Education Law
• Sports Law
• Animal Protection Law
• Police Disciplinary Law
• Prison Law
• Coroners' Inquests
Call Gerard Quirke on 07983 565690.
Overview of Our Regulatory and Disciplinary Service
I cover regulatory, medical, mental health, personal injury, coroner's inquests and professional conduct law. You can come to me directly or via a solicitor. Call Gerard Quirke on 07983 565690.
I act for practitioners and care providers in a variety of disciplines in regulatory proceedings.
Any professional and skilled person is open to an allegation of professional misconduct or negligence including lawyers, doctors, police officers, teachers, emergency services operatives and those providing financial services.
Regulatory tribunals can be intimidating. Effective and experienced presentation of the case can have a decisive bearing on the outcome of such tribunals.
The prosecuting authority will be always be legally represented by barrister or solicitor. Having representation is the wisest course and is essential to defend allegations effectively.
I provide advice, analysis and representation on a public access basis (barrister and client working directly together) and to solicitors where neccessary. Call Gerard Quirke on 07983 565690.
General Teaching Council
I act for all teaching professionals faced with professional conduct difficulties and enforcement action in the GTC Proceedings and on Appeal. Call Gerard Quirke on 07983 565690.
In General Teaching Council hearings, teachers have a right to participate and to be represented. The authority will be always be legally represented by barrister or solicitor.
Hearing committees consider in detail whether an allegation made can be supported in fact. If a case is proved the committee then considers whether a disciplinary sanction is necessary and the level of sanction that is appropriate.
The GTC can make the following disciplinary orders:
- Reprimand. A reprimand will remain on the register for a two-year period
- Conditional registration order. This applies conditions to registration for a specified period or indefinitely
- Suspension order. This suspends the teacher's eligibility to register for up to two years, and may have certain conditions attached to it.
- Prohibition order. This removes the teacher’s eligibility to register.
Teachers who receive suspension or prohibition orders cannot teach in a maintained school, a non-maintained special school or a pupil referral unit during the period covered by the order.
Right of Appeal
On receiving a disciplinary order, the teacher has 28 days to lodge an appeal with the High Court, which has the power to uphold, revoke or amend a disciplinary order.
General Medical Council
I act for all doctors faced with professional conduct difficulties and enforcement action in the GMC Fitness To Practise Proceedings and on Appeal. Call Gerard Quirke on 07983 565690.
In General Medical Council hearings, doctors have a right to participate and to be represented. The authority will be always be legally represented by barrister or solicitor.
The Fitness to Practise Panel of the General Medical Council hears evidence and decides whether a doctor's fitness to practise is impaired. Fitness to Practise Panel hearings are the final stage of the GMC's investigatory procedures.
If the Panel concludes that a doctor's fitness to practise is impaired it may:
- place conditions on the doctor's registration
- suspend the doctor's registration
- erase the doctor's name from the Medical Register , so that they can no longer practise
- If a panel concludes that the doctor's fitness to practise is not impaired, it may issue a warning to the doctor.
General Dental Council
I act for all dental healthcare professionals faced with professional conduct difficulties and enforcement action, including:
• dentists,
• clinical dental technicians
• dental hygienists
• dental nurses
• dental technicians
• dental therapists
• orthodontic therapists
The Professional Conduct Committee (PCC) of the General Dental Council is one of three fitness to practise committees. It can suspend or impose conditions on a dental professional where there is a need to protect the public, the public interest or the registrant themselves.
The PPC deals with cases where it appears that a dental professional's performance is consistently falling below an acceptable standard.
The Committee can impose conditions on a registrant or suspend their registration but the procedures may also provide support to the dental professional and enable their return to safe practice wherever possible.
No professional should go into such a procedure unrepresented. The authority will be always be legally represented by barrister or solicitor.
There is often a good argument to be put in favour of a practitioner to either avoid or mitigate possible sanctions enabling a swift return to practice. Call Gerard Quirke on 07983 565690.
Health Professions Council
I act for Health Professionals regulated by the HPC faced with professional conduct difficulties and enforcement action by the Health Professions Council.
A complaint about you may result in your case being referred to one of three Fitness To Practise Committee. The authority will be always be legally represented by barrister or solicitor. Call Gerard Quirke on 07983 565690.
If the panel finds the case to be well-founded, it has the following options available.
- To take no further action
- To impose a caution order. This means that the word ‘caution’ will appear against the registrant’s name on the register for up to 5 years
- To put a restriction or conditions on the registrant’s registration: such as supervision or further training
- To suspend registration for up to one year
- To make a ‘striking-off order’, removing the ability to practise
Nursing and Midwifery Council
I act for Nursing and Midwifery professionals faced with professional conduct difficulties and enforcement action. Call Gerard Quirke on 07983 565690.
The Fitness to Practise (FtP) Directorate of the Nursing and Midwifery Council processes allegations of impairment of fitness to practise made against nurses and midwives on grounds including misconduct, lack of competence and ill health. The overriding purpose of FtP proceedings is to safeguard the health and wellbeing of the public.
If the Panel concludes that a Midwife or nurse's fitness to practise is impaired it may make an order:
- Striking off
- Removal - incorrect or fraudulent entry
- Caution Order (1 to 5 years)
- Conditions of Practice Order (up to 3 years)
- Interim Suspension Order (up to 18 months)
- Interim Conditions of practise order (up to 18 months)
- Suspension Order (up to 12 months)
- Removal
- Caution (for five years)
- Interim Suspension
- Suspension
Care Quality Commission
I act for all registered health and adult social care providers faced with professional conduct difficulties and enforcement action. Call Gerard Quirke on 07983 565690.
From March 2009 the Care Quality Commission, the new regulator of health, mental health and adult social care has a wider range of powers than its predecessor regulators. CQC has new powers to issue warning notices and penalty notices and in extreme circumstances to suspend or cancel the registration of organisations who do not meet essential standards of quality.
In the most serious cases, the Commission can prosecute or cancel registration.
Under the Health and Social Care Act 2008, the Care Quality Commission has a number of new enforcement powers to deal with underperforming services - to inspect and investigate, to issue a statutory warning notice, to issue a financial penalty notice in lieu of prosecution and, in the most serious cases, to prosecute or suspend registration.
From 2010 the full range of enforcement powers under the 2008 Act will be extended to all registered health and adult social care providers.
CQC focuses its scrutiny on those providers whose activities cause, or risk causing, serious harm to people using services.
General Optical Council
I act for opticians faced with professional conduct difficulties and enforcement action. Call Gerard Quirke on 07983 565690.
If a Fitness To Practice hearings committee decide that a registrant’s fitness to practise is impaired, they can impose sanctions on that registrant including:
- Erasure from the registers
- Suspension from the register
- Conditional registration
- Financial penalty
- Warning
Coroner's Inquests and Public Inquiries
I accept instructions to represent interested parties at inquests into causes of death, provide representation and advice on evidence, verdicts,appeals and judicial review.
We can represent your interest if you are a family member, professionally-interested, a hospital or nursing home in which death occured, a local authority, commercial body, prison or police force. Call Gerard Quirke on 07983 565690.
Medical Professionals and Criminal Proceedings
I act in criminal proceedings where there are medical issues or crime is alleged in a medical context:
- Assault (treatment without consent)
- Unlawful killings
- Allegations of indecent assault
- Fraud : Overclaiming fees
- Unneccessary work
Call Gerard Quirke on 07983 565690.
Public Law, Court of Protection and High Court Applications
Patient's refusal to consent
Living Wills
Capacity
Withdrawal of treatment
Capacity Act 2005 legal issues
Injunctions
Challenges to Doctors and Coroners Decisions
Challenges on Grounds of Religious Belief
Public Health Law
Public Law Challenges
Public Inquiry Representation
Mental Health Law
I can act for you where Mental Health is the principal feature:
Issues arising out of Mental Health Acts 1983 & 2007
Issues arising out of Mental Capacity Act 2005
Issues arising out of Court of Protection Act 2007
Mental Health Review Tribunals (MHRTs)
Police Law
Police Law, Police Discipline and Police Misconduct
Police Conduct Regulations 2008
Police Conduct Regulations 2004
Sports Law
Sports Bodies & Regulators
Call Gerard Quirke on 07983 565690.
