Issue:
8106
/
Categories:
Features
,
Criminal
,
Regulatory
,
Professional negligence
,
Disciplinary&grievance procedures
Two sets of consequences for the same actions? Vanessa Reid examines guidance from the courts on criminal convictions & professional disciplinary cases
- Regulated professionals facing a criminal investigation must also prepare themselves for the possibility of parallel professional disciplinary proceedings.
- The High Court in Patel has provided updated guidance on the proper approach to sanctions in professional disciplinary cases based on criminal convictions for serious offences.
- The decision should remind tribunals and regulators to bring back some flexibility and fairness to determinations on sanctions.
Becoming the subject of a criminal investigation is a difficult enough prospect on its own. For regulated professionals, however, the additional threat of a parallel professional disciplinary proceeding waits in the wings.
The High Court case of Professional Standards Authority for Health and Social Care v General Dental Council and Patel [2024] EWHC 243 (Admin) provided updated guidance on the proper approach to sanctions in professional disciplinary cases based on criminal convictions for serious offences. The decision in Patel provides a useful opportunity to set out an overview of some key
